Gujarat High Court
Radhika Udayan Chinubhai vs State Of Gujarat on 9 March, 2023
Bench: Biren Vaishnav
C/SCA/11347/2020 JUDGMENT DATED: 09/03/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 11347 of 2020
FOR APPROVAL AND SIGNATURE:
HONOURABLE THE ACTING CHIEF JUSTICE MR. JUSTICE A.J.DESAI
and
HONOURABLE MR. JUSTICE BIREN VAISHNAV
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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 ?
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RADHIKA UDAYAN CHINUBHAI
Versus
STATE OF GUJARAT
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Appearance:
MR PARESH M DARJI(3700) for the Petitioner(s) No. 1,2,3,4
for the Respondent(s) No. 2
MS.SHRUNJAL SHAH, AGP 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 : 09/03/2023
ORAL JUDGMENT
(PER : HONOURABLE THE ACTING CHIEF JUSTICE MR. JUSTICE
A.J.DESAI)
C/SCA/11347/2020 JUDGMENT DATED: 09/03/2023
1. RULE returnable forthwith. Ms.Shrunjal Shah
learned AGP waives service of notice of Rule on
behalf of the respondent State.
2. With the consent of learned advocates for the
respective parties, the petition is taken up for
final hearing.
3. By way of present petition under Article 226 of
the Constitution of India, following prayers have
been made:
"(A) Your Lordship may be pleased to issue
a writ of mandamus or any other writ, order or
direction in the nature of mandamus, and be
pleased to hold and declare that the
Petitioners are entitled to receive the amount
of compensation as per award and be further
direct the respondents to make the payment of
the compensation to the Petitioners as per
award under the Right to Fair Compensation
and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013.
(B) Your Lordship may be pleased to pass
the any necessary order or direction to the
respondent authorities to complete the
procedure of releasing payment of
C/SCA/11347/2020 JUDGMENT DATED: 09/03/2023
compensation at the earliest or within some
time bound schedule as the award is of 2015."
4. Affidavit in reply has been filed by the
respondents.
5. Brief facts are as under.
6. That the notice under Section 4 of the Land
Acquisition Act was issued on 18.09.2012 for
acquiring land for the purpose of headquarter of
Police Superintendent, Western Railway,
Ahmedabad. Thereafter notification under
Section 6 came to be issued on 25.09.2013. The
District Collector declared award on 02.05.2015.
7. Several representations have been made to
deposit the amount as per the award, however,
the same has not been deposited.
8. The matter was listed before the division Bench
C/SCA/11347/2020 JUDGMENT DATED: 09/03/2023
of this Court and on 21.10.2020, following order
was passed:
"After having heard learned advocates
appearing for the respective parties, by way
of interim order, the respondent - State
authorities are hereby directed to deposit
the amount of award qua the land of the
petitioners with the Registry of this Court
on or before 27.11.2020. Further order shall
be passed on the next date of hearing. It
would be open for the petitioners to file
further affidavit in the matter. Stand over to
7.12.2020."
9. Pursuant to the appropriate order, the amount
has been deposited by the respondent in the
Registry of this Court on 10.11.2020. It is an
undisputed fact that the present petitioners are
the owners of the properties whose lands have
been required by the respondents and are
however without fruits of the acquisition
proceedings though the award was passed way
back in the year 2015 and amount came to be
deposited before this Court on 10.11.2020 and
the said amount is lying before the registry of
C/SCA/11347/2020 JUDGMENT DATED: 09/03/2023
this Court since then.
10. It is the case of the respondent authority that the
land has been occupied by someone and
therefore the vacant and peaceful possession has
not been handed over to the respondents.
11. Having heard learned advocates appearing for
the respective parties, we are of the considered
opinion that the petitioners are entitled for the
compensation for those lands which were
acquired way back in the year 2012 and award of
which was published on 02.05.2015.
12. However, it would be open for the petitioners to
make a representation for the interest since the
amount was deposited at belated stage.
13. Hence, we allow the petition by following
directions:
C/SCA/11347/2020 JUDGMENT DATED: 09/03/2023
I. The amount which has been deposited in the
Registry of this Court pursuant to the order
passed by this Court on 21.10.2020, the said
amount be disbursed in favour of the petitioner
in accordance with law after proper verification.
II. It would be open for the petitioner to make
representation with regard to her claim of
interest for the delayed payment.
III. If petitioner makes the aforesaid
representation to the concerned authority, the
same shall be decided within a period of six
weeks from the date of receipt of copy of this
order.
14. Rule is made absolute to the aforesaid extent.
(A.J.DESAI, ACJ)
(BIREN VAISHNAV, J)
ANKIT SHAH
