Gujarat High Court
Prajapati Ramanbhai Amtharam vs State Of Gujarat on 14 October, 2022
Bench: Ashutosh J. Shastri
C/SCA/20663/2022 ORDER DATED: 14/10/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 20663 of 2022
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PRAJAPATI RAMANBHAI AMTHARAM
Versus
STATE OF GUJARAT
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Appearance:
MR RAKESH R PATEL(3239) for the Petitioner(s) No. 1,2,3,4,5
for the Respondent(s) No. 2,3,4
MR. CHINTAN DAVE, LD. AGP for the Respondent(s) No. 1
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CORAM:HONOURABLE THE CHIEF JUSTICE MR. JUSTICE
ARAVIND KUMAR
and
HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI
Date : 14/10/2022
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVIND
KUMAR)
1. Petitioners claim to be the owners of different bits of
land situated at Village Bapupura, Taluka: Mansa,
District: Gandhinagar as more fully described in the
tabular column of paragraph-2 of the special civil
application. It is contended that an award under Section
11 of the Land Acquisition Act, 1894 was passed on
25.11.2005 and some of the land owners sought for
reference by filing appropriate application before the
Jurisdictional Civil Court which came to be registered as
L.A.R. No.277 of 2006 to 286 of 2006 which was pending
before the Principal Senior Civil Judge, Gandhinagar.
The said Court, by judgment and award dated 31.03.2012
C/SCA/20663/2022 ORDER DATED: 14/10/2022
allowed the reference in part and enhanced the
compensation by awarding Rs.241/- per square meter as
additional compensation.
2. It is this award which triggered or gave cause of
action for the petitioners, who were also similarly placed
persons but who did not seek for reference, to file an
application under Section 28-A before the Collector,
namely, third respondent on 15.05.2012 for grant of
compensation in line with award of the Reference Court.
After a period of four years, the third respondent is said
to have issued notice to the petitioners to appear for
inquiry on 21.04.2016 and petitioners are said to have
appeared and filed their written submissions dated
11.04.2016, and on account of non-consideration of the
said application, the petitioners are before this Court.
3. It also requires to be noticed that in the meanwhile,
being aggrieved by the judgment and award of the
Reference Court, first appeals which were filed before
this Court came to be dismissed by order dated
17.04.2014 and Hon'ble Apex Court in Civil Appeal
Nos.18576-18593/2017 had allowed the same by order
dated 01.11.2017 and remanded the matter back to this
Court, whereafter, Division Bench, by judgment and
award dated 01.03.2021, allowed the first appeal and
awarded enhanced compensation @ Rs.491/- per square
meter. Hence, fresh application is said to have been filed
C/SCA/20663/2022 ORDER DATED: 14/10/2022
by petitioners on 23.04.2021 under Section 28-A of the
Land Acquisition Act, 1894 before the third respondent
which is said to have not been considered. Hence, for
this reason also petitioners are before this Court.
4. We have heard the arguments of Mr. Rakesh Patel,
learned advocate appearing for the petitioners and Mr.
Chintan Dave, learned AGP who is on advance notice. The
learned AGP would submit that the applications would be
considered expeditiously within the time frame that may
be fixed by this Court. His submission is placed on record.
5. Hence the following:
ORDER
(i) Special Civil Application is allowed.
(ii) A Writ of Mandamus is issued to the third
respondent to decide the applications dated 15.05.2012
(Annexure-B collectively) and applications dated
23.04.2021 (Annexure-F collectively) expeditiously and at
any rate within four weeks from the date of receipt of
copy of this order.
(ARAVIND KUMAR,CJ)
(ASHUTOSH J. SHASTRI, J)
Vahid
