Gujarat High Court
Decd. Natwarbhai Bababhai ... vs State Of Gujarat on 9 March, 2023
Bench: Biren Vaishnav
C/SCA/9853/2021 JUDGMENT DATED: 09/03/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 9853 of 2021
FOR APPROVAL AND SIGNATURE:
HONOURABLE THE ACTING CHIEF JUSTICE MR. JUSTICE A.J.DESAI
and
HONOURABLE MR. JUSTICE BIREN VAISHNAV
==========================================================
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 ?
==========================================================
DECD. NATWARBHAI BABABHAI ACHARYA THROUGH HIS LEGAL HEIRS
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MR RASHMIN MAKWANA(3758) for the Petitioner(s) No.
1,1.1,1.2,1.3,1.4,1.5,1.6,1.7
MS SHRUNJAL SHAH, AGP for the Respondent(s) No. 1,2,3
==========================================================
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)
1. Rule returnable forthwith. Learned AGP Ms. Shrunjal Shah
C/SCA/9853/2021 JUDGMENT DATED: 09/03/2023
waives service of notice of Rule for and on behalf of
respondents.
2. With the consent of the learned advocates for the respective
parties, this petition is taken up for hearing today.
3. By way of this petition, under Articles 14, 21 and 226 of the
Constitution of India, the petitioners have prayed for the
following reliefs:
"a. To allow and admit the present petition;
b. To direct the respondent no.3 to
forthwith pay the amount of compensation
to the petitioners for the land new survey /
block no.229 (old survey no.193) of old
tenure of moje Barejadi, Taluka Dascroi,
District Ahmedabad admeasuring 0.32-15
Hec. Sq. Meters in question sought to be
acquired by them;
c. To forthwith hold the process of taking
over the possession of the land from the
petitioner;
d. Pending admission, hearing and
final disposal of this petition, be pleased
to restrain the respondents from taking
C/SCA/9853/2021 JUDGMENT DATED: 09/03/2023
over the physical possession of the land
new survey / block no.229, (old survey
no.193) if old tenure of moje Barejadi,
Taluka Dascroi, District Ahmedabad
admeasuring 0-32-15 Hec. Ae Sq. Meters
in question, pursuant to the acquisition
sought to be made by the respondent No.3
- Company.
e. Pending the admission, hearing and
final disposal of this petition, the
respondents be directed to pay the amount
of compensation or land in lieu of the
same;
f. Pass any such other and / or further
orders that may be thought just and
proper, in the facts and circumstances of
the case."
4. It is the case of the petitioners that it is true that the land which
is acquired for High Speed Rail (Bullet Train) for the project
under the Mumbai-Ahmedabad High Speed (Bullet Train)
Project on the basis of Consent Agreement. It is the case of the
petitioners that most of the petitioners are owners and their
names have been entered in the revenue records. Also that
they are cultivating such lands and therefore they would be
entitled, and may be granted compensation. In support of their
case, several documents have been produced.
C/SCA/9853/2021 JUDGMENT DATED: 09/03/2023
5. We have heard learned advocates for the respective parties.
6. It is undisputed that the land in question which is acquired for
the aforesaid project is a Kharaba land, State of Government
and, therefore the petitioner is not entitled for any relief, as
prayed for.
7. In view of above, the petition deserves to be dismissed and
accordingly, it is dismissed with no order as to costs. Rule is
discharged.
(A.J.DESAI, ACJ)
(BIREN VAISHNAV, J)
VATSAL
