Land Acquisition Officer vs Thakor Kantiji Babaji
2023 Latest Caselaw 2945 Guj

     C/FA/2447/2020                               JUDGMENT DATED: 13/04/2023




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/FIRST APPEAL NO. 2447 of 2020
                                   With
                      R/FIRST APPEAL NO. 2282 of 2020
                                   With
                      R/FIRST APPEAL NO. 2288 of 2020
                                   With
                      R/FIRST APPEAL NO. 2287 of 2020

FOR APPROVAL AND SIGNATURE:

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

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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 ?

==========================================================
                        LAND ACQUISITION OFFICER
                                 Versus
                          THAKOR KANTIJI BABAJI
==========================================================
Appearance:
MR JAY MEHTA, AGP for the Appellant(s) No. 1,2
MR AV PRAJAPATI(672) for the Defendant(s) No. 1,10,11,3,4,5,8,9
RULE SERVED for the Defendant(s) No. 6,7
UNSERVED EXPIRED (R) for the Defendant(s) No. 2
==========================================================

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

                              Date : 13/04/2023


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      C/FA/2447/2020                          JUDGMENT DATED: 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.2283 of 2020 and allied matters. Learned AGP is unable to controvert the same.

2. In the present First Appeals, acquisition pertains to the same Village-Nugar, Taluka & District-Mehsana and Notification under Section 4 of the Land Acquisition Act, 1894 was published on 31.7.2008 and Notification under Section 6 of the Act was published on 2.5.2009 and, ultimately, same has culminated into judgment and award dated 31.8.2018. Since we have already decided reference proceedings by judgment and order dated 5.4.2023 passed in First Appeal No.2283 of 2020 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