Gujarat High Court
Somiben W/O Nathubhai Govindbhai vs Special Land Acquisition Officer on 11 April, 2023
Bench: A.S. Supehia
C/FA/1377/2013 ORDER DATED: 11/04/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 1377 of 2013
With
R/FIRST APPEAL NO. 1385 of 2013
With
R/FIRST APPEAL NO. 1388 of 2013
With
R/FIRST APPEAL NO. 1390 of 2013
With
R/FIRST APPEAL NO. 1391 of 2013
============================================
SOMIBEN W/O NATHUBHAI GOVINDBHAI
Versus
SPECIAL LAND ACQUISITION OFFICER & 1 other(s)
============================================
Appearance:
MR SHITAL R PATEL(2166) for the Appellant(s) No. 1
MR ADITYA JADEJA, AGP for the Defendant(s) No. 1
MR RD DAVE(264) for the Defendant(s) No. 2
============================================
CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
and
HONOURABLE MR. JUSTICE D. A. JOSHI
Date : 11/04/2023
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)
1. At the outset, learned advocates appearing for the
respective parties have submitted that the present appeals
may be disposed of in terms of the judgment dated 13.06.2022
passed by the Division Bench of this Court in First Appeal
No.1375 of 2013 and allied matters.
2. Learned advocates have further submitted that in some
of the First Appeals, the claimants have already passed away,
hence, liberty may be reserved in favour of legal heirs to file
appropriate application before the Reference Court, so that the
amount can be disbursed to them.
C/FA/1377/2013 ORDER DATED: 11/04/2023
3. In the judgment dated 13.06.2022 passed in First appeal
No.1375 of 2013 and allied matters, the Division Bench has
held thus : -
"7. Resultantly, following final order is passed:-
All the first appeals are hereby allowed. The appellants - claimants
of these appeals shall be entitled to get Rs.43/- per square meter as
total compensation for acquired lands plus 30% solatium and 9% per
annum interest for a period of nine years of taking over the
possession of the acquired land and thereafter, at the rate of 15%
per annum on aggregate amount i.e. additional award plus solatium
and 23% interest (9% + 15%) till the amount is fully paid and
deposited. We could notice that the amount of compensation Rs.5/-
per square meter and Rs.19.50 by way of additional compensation
has already been deposited before the Reference Court as per the
earlier order. Therefore, the 50% of the said deposited amount has
already been paid and 50% amount remains with the Court. The
amount of compensation deposited shall be paid to the persons
concerned through RTGS or account payee cheque in favour of the
claimant/s and the bank account details shall be furnished by the
advocate for the claimants to the Registry of the Reference Court,
Bharuch within a period of four weeks. After verifying the identity of
each of the claimants, the Registry of Reference Court, Bharuch
shall disburse the amount in favour of each claimant. The award to
be drawn within four weeks. The copy of the judgment with
appropriate record of other respective appeals, disbursement shall
take place after requisite Court fees as per the undertaking given as
per the decision of the Apex Court. Decree be drawn accordingly."
4. Thus, the present First Appeals are disposed in terms of
the judgment passed by the Division Bench in First Appeal
No.1375 of 2013 and allied matters.
5. As observed in the said judgment, it will be open for the
claimants / legal heirs of the deceased claimants to file
appropriate application before the Reference Court for claiming
the amount. In case, if the amount is not deposited, the same
C/FA/1377/2013 ORDER DATED: 11/04/2023
shall be deposited within a period of eight (08) weeks from
today.
6. All these First Appeal stands disposed of accordingly. Civil
Application(s), if any in any of the First Appeal, the same also
stands disposed of.
(A. S. SUPEHIA, J)
(D. A. JOSHI,J)
MB/SB/02
