The Special Land Acquisition ... vs Patel Madhabhai Joytaramdas
2023 Latest Caselaw 2944 Guj

    C/FA/4348/2018                               JUDGMENT DATED: 13/04/2023




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                     R/FIRST APPEAL NO. 4348 of 2018
                                  With
                     R/FIRST APPEAL NO. 4349 of 2018
                                  With
                     R/FIRST APPEAL NO. 4380 of 2018
                                  With
                     R/FIRST APPEAL NO. 4383 of 2018
                                  With
                     R/FIRST APPEAL NO. 4384 of 2018
                                  With
                     R/FIRST APPEAL NO. 4460 of 2018
                                  With
               CIVIL APPLICATION (FOR STAY) NO. 2 of 2018
                                   In
                     R/FIRST APPEAL NO. 4460 of 2018
                                  With
                     R/FIRST APPEAL NO. 5189 of 2019

FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE A.S. SUPEHIA                                  Sd/-
and
HONOURABLE MR. JUSTICE DIVYESH A. JOSHI                              Sd/-

==========================================================

1   Whether Reporters of Local Papers may be allowed                   No
    to see the judgment ?

2   To be referred to the Reporter or not ?                            No

3   Whether their Lordships wish to see the fair copy                  No
    of the judgment ?

4   Whether this case involves a substantial question                  No
    of law as to the interpretation of the Constitution
    of India or any order made thereunder ?

==========================================================
                     THE SPECIAL LAND ACQUISITION OFFICER
                                    Versus
                        PATEL MADHABHAI JOYTARAMDAS
==========================================================
Appearance:
MR ASHUTOSH DAVE, AGP in FA Nos.4348, 4349, 4380, 4383, 4384 &
4460 of 2018 for the Appellant(s) No. 1,2


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      C/FA/4348/2018                                    JUDGMENT DATED: 13/04/2023




MR JAY MEHTA, AGP in First Appeal No.5189 of 2019 for Appellants.
MR AV PRAJAPATI(672) for the Defendant(s) No. 1
==========================================================

  CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
        and
        HONOURABLE MR. JUSTICE DIVYESH A. JOSHI

                                Date : 13/04/2023

                           ORAL JUDGMENT

(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)

1. Learned advocate Mr.A.V.Prajapati submitted that the issue involved in the present group of First Appeals is already decided by this Court by judgment and order dated 5.4.2023 passed in First Appeal No.4406 of 2018 and allied matters. Learned AGP is unable to controvert the same.

2. In the present First Appeals, acquisition pertains to the same Village-Panchot, Taluka & District-Mehsana and Notification under Section 4 of the Land Acquisition Act, 1894 was published on 11.2.2009 and Notification under Section 6 of the Act was published on 26.8.2009 and, ultimately, same has culminated into judgment and award dated 31.7.2017. Since we have already decided reference proceedings by judgment and order dated 5.4.2023 passed in First Appeal No.4406 of 2018 and allied matters, present First Appeals are also rejected in terms of above judgment. Record and proceedings be sent back to the concerned trial Court forthwith.

(A. S. SUPEHIA, J)

(DIVYESH A. JOSHI,J) R.S. MALEK