Gujarat High Court
Kanchanben Khimjibhai Darbar vs State Of Gujarat on 17 March, 2023
Bench: Biren Vaishnav
C/SCA/3804/2023 ORDER DATED: 17/03/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 3804 of 2023
With
R/SPECIAL CIVIL APPLICATION NO. 3805 of 2023
With
R/SPECIAL CIVIL APPLICATION NO. 4201 of 2023
With
R/SPECIAL CIVIL APPLICATION NO. 4203 of 2023
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KANCHANBEN KHIMJIBHAI DARBAR
Versus
STATE OF GUJARAT
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Appearance:
S M KIKANI(7596) for the Petitioner(s) No. 1,2,3,4
for the Respondent(s) No. 2
MR UTKARSH SHARMA, AGP for the Respondent(s) No. 1
MS ARCHANA U AMIN(2462) for the Respondent(s) No. 3,4
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CORAM:HONOURABLE THE ACTING CHIEF JUSTICE MR.
JUSTICE A.J.DESAI
and
HONOURABLE MR. JUSTICE BIREN VAISHNAV
Date : 17/03/2023
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE BIREN VAISHNAV)
1. Rule returnable forthwith. Mr. Utkarsh Sharma, learned AGP
and Ms. Archana Amin, learned advocate waive service of
notice of rule on behalf of the respective respondents.
2. With consent of learned advocates for the respective parties,
the matters are taken up for final hearing.
3. In these petitions, the prayer of the petitioners is that the award
be recomputed in light of the order dated 12.09.2019 passed
C/SCA/3804/2023 ORDER DATED: 17/03/2023
by the Division Bench of this Court in Special Civil Application
No. 8734 of 2019, by which, the respondents were directed to
compute the compensation by applying Factor - 2 as per the
provisions of Section 26(2) of the Right to Fair Compensation
And Transparency in Land Acquisition, Rehabilitation And
Resettlement Act, 2013.
4. Mr.S.M.Kikani, learned advocate appearing for the petitioners,
has relied upon the order dated 06.03.2023 passed by this
Court in Special Civil Application No.3756 of 2023 and allied
matters. Relevant Para - 5 of the above referred order reads
as under:
5. We have heard learned advocates appearing for the respective
parties and also gone through the order dated 17.1.2023 passed
by coordinate Bench of this Court in Special Civil Application
No.709 of 2023 which involves similar issue. Hence, we pass
the following order :-
(1) These petitions stand disposed of and in light of the
agreement on the part of petitioners for these matters
also being referred to competent authority viz.,
respondent No.2 for consideration of claim of parties by
keeping open all the issues to be decided in appropriate
matter. We direct the respondent No.2 to recompute the
market value of the land of petitioners by applying
appropriate multiplication factor for the amount of
compensation by following the law laid down by the
Hon'ble Apex Court in all respects.
(2) The authority shall also keep in mind the judgment
rendered by the Hon'ble Apex Court in the Special Leave
Petition (Civil) Diary No. 18777 of 2020 as also decision
of this Court in Special Civil Application No. 8734 of 2019
and publish the award under Section 20F of the Railways
Act and this exercise shall be undertaken within a period
of eight (8) weeks from the date of receipt of copy of this
order. Registry is directed to place a copy of this order in
each connected matters.
C/SCA/3804/2023 ORDER DATED: 17/03/2023
5. In view of the above, the respondents are directed to consider
the case of the petitioners for awarding the benefit of Factor - 2
in light of the directions issued by this Court by passing order
dated 06.03.2023 in Special Civil Application No. 3756 of 2023
and allied matters within a period of 10 weeks from the date of
receipt of this order.
6. Registry is directed to place a copy of this order in each
connected matters.
(A.J.DESAI, ACJ)
(BIREN VAISHNAV, J)
F.S.KAZI.....
