Land Acquisition Officer vs Patel Amthabhai Shivramdas
2023 Latest Caselaw 3213 Guj

C/FA/1602/2021                            ORDER DATED: 24/04/2023




      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                R/FIRST APPEAL NO. 1602 of 2021
                             With
                R/FIRST APPEAL NO. 2621 of 2020
                             With
                R/FIRST APPEAL NO. 1603 of 2021
                             With
                R/FIRST APPEAL NO. 1598 of 2021
                             With
                R/FIRST APPEAL NO. 1599 of 2021
                             With
                R/FIRST APPEAL NO. 1597 of 2021
                             With
          CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
               In R/FIRST APPEAL NO. 1597 of 2021
                             With
                R/FIRST APPEAL NO. 1596 of 2021
                             With
                R/FIRST APPEAL NO. 1595 of 2021
                             With
                R/FIRST APPEAL NO. 1613 of 2021
                             With
          CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
               In R/FIRST APPEAL NO. 1613 of 2021
                             With
                R/FIRST APPEAL NO. 1612 of 2021
                             With
                R/FIRST APPEAL NO. 1611 of 2021
                             With
          CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
               In R/FIRST APPEAL NO. 1611 of 2021
                             With
                R/FIRST APPEAL NO. 1610 of 2021
                             With
                R/FIRST APPEAL NO. 1609 of 2021
                             With
                R/FIRST APPEAL NO. 1607 of 2021
                             With
          CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
               In R/FIRST APPEAL NO. 1607 of 2021
                             With
                R/FIRST APPEAL NO. 1608 of 2021
                             With
          CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
               In R/FIRST APPEAL NO. 1608 of 2021



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        C/FA/1602/2021                                 ORDER DATED: 24/04/2023




                                    With
                       R/FIRST APPEAL NO. 1606 of 2021
                                    With
                 CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
                      In R/FIRST APPEAL NO. 1606 of 2021
                                    With
                       R/FIRST APPEAL NO. 1604 of 2021
==========================================================
                          LAND ACQUISITION OFFICER
                                   Versus
                        PATEL AMTHABHAI SHIVRAMDAS
==========================================================
Appearance:
MR ADITYASINH JADEJA, AGP for the Appellant(s) No. 1,2
DECEASED LITIGANT for the Defendant(s) No. 2,2.3,3
MR TEJAS P SATTA(3149) for the Defendant(s) No.
1,2.1,2.2,2.3.1,2.3.2,2.3.3,2.4,2.5,3.1,3.2,3.3,3.4,5,6,7,8,9
UNSERVED EXPIRED (N) for the Defendant(s) No. 4
==========================================================

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

                               Date : 24/04/2023
                                ORAL ORDER

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

1. At the outset, learned advocates appearing for the respective parties have submitted that the issue raised in the present first appeals will be governed by the judgment and order passed in First Appeal No.2608 of 2020 and this connected first appeal has already been decided by this Court.

2. Learned advocate Mr.Yogendra Thakore has submitted that so far as the share of disbursement of the compensation is concerned, the dispute is pending before the District Court, Mehsana in Regular Civil Appeal No.42 of 2015. It is clarified that the amount of compensation will be made subject to result of any order passed in Regular Civil Appeal

C/FA/1602/2021 ORDER DATED: 24/04/2023

No.42 of 2015, which is pending before the learned Principal District Judge, Mehsana.

3. Accordingly, the present first appeals are disposed of in terms of the First Appeal No.2608 of 2020 since the same arises from the very same judgment and award passed by the reference court. As a sequel, civil applications do not survive and the same are disposed of accordingly. R & P be sent back to the concerned court below.

Sd/-

(A. S. SUPEHIA, J)

Sd/-

(DIVYESH A. JOSHI,J) ABHISHEK/2