Special Land Acquisition Officer vs Patelmanishbhai Parossttambhai
2023 Latest Caselaw 2946 Guj

    C/FA/1175/2015                             JUDGMENT DATED: 13/04/2023




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                     R/FIRST APPEAL NO. 1175 of 2015
                                  With
                     R/FIRST APPEAL NO. 1176 of 2015
                                  With
                     R/FIRST APPEAL NO. 1178 of 2015
                                  With
                     R/FIRST APPEAL NO. 1181 of 2015
                                  With
                     R/FIRST APPEAL NO. 1182 of 2015
                                  With
                     R/FIRST APPEAL NO. 1184 of 2015
                                  With
                     R/FIRST APPEAL NO. 1185 of 2015
                                  With
                     R/FIRST APPEAL NO. 1186 of 2015
                                  With
                     R/FIRST APPEAL NO. 1187 of 2015
                                  With
                     R/FIRST APPEAL NO. 1189 of 2015
                                  With
                     R/FIRST APPEAL NO. 1190 of 2015

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 ?

==========================================================
             SPECIAL LAND ACQUISITION OFFICER & 1 other(s)
                               Versus
                 PATELMANISHBHAI PAROSSTTAMBHAI
==========================================================


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      C/FA/1175/2015                            JUDGMENT DATED: 13/04/2023




Appearance:
MR ADITYASINH JADEJA, AGP for the Appellant(s) No. 1,2
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 11.4.2023 passed in First Appeal No.1316 of 2015 and allied matters. Learned AGP is unable to controvert the same.

2. In the present First Appeals, acquisition pertains to the same Village-Agol, Taluka-Kadi, District-Mehsana and Notification under Section 4 of the Land Acquisition Act, 1894 was published on 18.2.2012 and Notification under Section 6 of the Act was published on 28.5.2009 and, ultimately, same has culminated into judgment and award dated 21.2.2015. Since we have already decided reference proceedings by judgment and order dated 11.4.2023 passed in First Appeal No.1316 of 2015 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