Gordhanbhai Liladharbhai Patel vs State Of Gujarat
2023 Latest Caselaw 4150 Guj

    C/SCA/9201/2023                                      ORDER DATED: 07/06/2023




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          R/SPECIAL CIVIL APPLICATION NO. 9201 of 2023
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                GORDHANBHAI LILADHARBHAI PATEL
                                Versus
                         STATE OF GUJARAT
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Appearance:
MR HARSHADRAY A DAVE(3461) for the Petitioner(s) No. 1
for the Respondent(s) No. 2,3,4
MS ST SHAH, ASSTT. GOVERNMENT PLEADER/PP for the Respondent(s)
No. 1
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  CORAM:HONOURABLE THE ACTING CHIEF JUSTICE MR. JUSTICE
          A.J.DESAI
          and
          HONOURABLE MR. JUSTICE BIREN VAISHNAV

                              Date : 07/06/2023

                                ORAL ORDER

(PER : HONOURABLE THE ACTING CHIEF JUSTICE MR. JUSTICE A.J.DESAI)

By way of present petition under Articles 14, 19, 21 and 300A of the Constitution of India, the petitioner has made the following prayers:

"(b) This Honourable Court be pleased to issue a writ of mandamus or in the nature of mandamus or any other appropriate writ, order or direction, directing the Respondents to modify the Land Acquisition Award passed by the Respondent No.3 awarding the compensation to the Petitioner considering the judgment of this Honourable Court and further be pleased to direct the Respondent to give all consequential benefits (Annexure-D);

(c) This Honourable Court be pleased to issue a writ of

C/SCA/9201/2023 ORDER DATED: 07/06/2023

mandamus or in the nature of mandamus or any other appropriate writ, order or direction, directing the Respondents to execute a document conferring title to the Petitioner to the land allotted to the Petitioner for the property of the Petitioner becoming part of the irrigation scheme other than the land acquired;

(d) Pending the admission and final disposal of the petition this Honourable Court be pleased to direct the Respondents to modify the Land Acquisition Award passed by the Respondent No.3 awarding the compensation to the Petitioner considering the Judgment of this Honourable Court (Annexure-D;

(e) Pending the admission and final disposal of the petition this Honourable Court be pleased to direct the Respondents to execute a document conferring title to the Petitioner to the land allotted to the Petitioner for the property of the Petitioner becoming part of the irrigation scheme other than the land acquired;

(f) This Hon'ble Court be pleased to grant ad-interim relief in terms of para-d) and para-e);"

Having heard learned advocate Mr. Harshadray Dave appearing for the petitioner and learned AGP appearing for respondent No.1 and considering several proceedings under the Land Acquisition Act and with regard to the status of the land in question, we dispose of the present petition by directing the

C/SCA/9201/2023 ORDER DATED: 07/06/2023

District Collector, Rajkot to decide the application / notice issued by the petitioner to consider the case as prayed for by the petitioner as early as possible preferably within a period of three months from the date of receipt of the present order.

It is made clear that this Court has not gone into the merits of the case. Present petition is disposed of accordingly. Direct service is permitted.

(A.J. DESAI, ACJ)

(BIREN VAISHNAV, J.) Ajay