The Special Land Acquisition ... vs Patel Maheshbhai Keshavlal
2023 Latest Caselaw 2948 Guj

    C/FA/447/2019                               JUDGMENT DATED: 13/04/2023




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                     R/FIRST APPEAL NO. 447 of 2019
                                  With
                     R/FIRST APPEAL NO. 1445 of 2023
                                  With
               CIVIL APPLICATION (FOR STAY) NO. 2 of 2018
                                   In
                     R/FIRST APPEAL NO. 1445 of 2023
                                  With
                      R/FIRST APPEAL NO. 75 of 2023
                                  With
                      R/FIRST APPEAL NO. 518 of 2019
                                  With
                      R/FIRST APPEAL NO. 453 of 2019
                                  With
                      R/FIRST APPEAL NO. 499 of 2019
                                  With
                      R/FIRST APPEAL NO. 456 of 2019
                                  With
                      R/FIRST APPEAL NO. 450 of 2019

FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE A.S. SUPEHIA
and
HONOURABLE MR. JUSTICE DIVYESH A. JOSHI
==========================================================

1   Whether Reporters of Local Papers may be allowed
    to see the judgment ?

2   To be referred to the Reporter or not ?

3   Whether their Lordships wish to see the fair copy
    of the judgment ?

4   Whether this case involves a substantial question
    of law as to the interpretation of the Constitution
    of India or any order made thereunder ?

==========================================================
                    THE SPECIAL LAND ACQUISITION OFFICER
                                   Versus
                        PATEL MAHESHBHAI KESHAVLAL
==========================================================
Appearance:


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      C/FA/447/2019                                  JUDGMENT DATED: 13/04/2023




MR ADITYA JADEJA, AGP for the Appellant(s) No. 1,2
MR JAYESH V PATEL(5925) for the Defendant(s) No. 1
MR TEJAS P SATTA(3149) 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.Jayesh Patel and learned advocate Ms.Kiran Udasi 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 10.8.2017. 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