Thakor Rameshji Babaji vs The Competent Authority Dfc And ...
2023 Latest Caselaw 2326 Guj

    C/SCA/2490/2023                                JUDGMENT DATED: 16/03/2023




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/SPECIAL CIVIL APPLICATION NO. 2490 of 2023

                               With
           R/SPECIAL CIVIL APPLICATION NO. 20196 of 2022
                               With
           R/SPECIAL CIVIL APPLICATION NO. 23225 of 2022
                               With
           R/SPECIAL CIVIL APPLICATION NO. 19642 of 2022
                               With
           R/SPECIAL CIVIL APPLICATION NO. 23580 of 2022
                               With
           R/SPECIAL CIVIL APPLICATION NO. 22030 of 2022


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               NO
      see the judgment ?

2     To be referred to the Reporter or not ?                           NO

3     Whether their Lordships wish to see the fair copy of the          NO
      judgment ?

4     Whether this case involves a substantial question of law          NO
      as to the interpretation of the Constitution of India or
      any order made thereunder ?

==================================================
                THAKOR RAMESHJI BABAJI
                         Versus
THE COMPETENT AUTHORITY DFC AND SPECIAL LAND ACQUISITION
                       OFFICER
==================================================


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      C/SCA/2490/2023                          JUDGMENT DATED: 16/03/2023




Appearance:
MR GM AMIN(124) for the Petitioner(s) No. 1,2,3
SAMARTH S AMIN(8897) for the Petitioner(s) No. 1,2,3
MR SIDDHARTH RAMI, ASSISTANT GOVERNMENT PLEADER/PP for the
Respondent(s) No. 1
NOTICE NOT RECD BACK for the Respondent(s) No. 2
==================================================

 CORAM:HONOURABLE THE ACTING CHIEF JUSTICE MR.
       JUSTICE A.J.DESAI
       and
       HONOURABLE MR. JUSTICE BIREN VAISHNAV

                          Date : 16/03/2023
                       COMMON ORAL JUDGMENT

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

1. Rule returnable forthwith. We have taken up for final

hearing by consent of learned advocates for the respective

parties.

2. In all these petitions under Article 226 of the Constitution

of India, the prayer of the petitioners is to grant Factor-2 of

Schedule 1 of the Right to Fair Compensation and Transparency

in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

3. All the parties have agreed that the issue is covered by an

order passed by Coordinate Bench of this Court in Special Civil

Application No.11760 of 2021.

C/SCA/2490/2023 JUDGMENT DATED: 16/03/2023

4. Considering the order which has been passed in the light

of the case of Dhiraj A. Patel vs. State of Gujarat [2020 (1) GLR

752], the petitions are allowed with the direction that

respondent No.1 is directed to pass award afresh by

determining the compensation payable to the petitioners by

applying Factor-2 as provided under section 26(2) of 2013 Act

as the lands in question which have since been acquired is in

rural area and compensation will have to be made accordingly.

The fresh award shall be passed within an outer limit of ten

weeks from today and compensation shall be paid within four

weeks from the date of passing of the award. The petitions

stand disposed of. Rule is made absolute to the aforesaid extent.

(A.J.DESAI, ACJ)

(BIREN VAISHNAV, J) Bharat