Dharmshibhai Nathubhai vs For Gujarat Government Special ...
2023 Latest Caselaw 2588 Guj

      C/SCA/2846/2019                              ORDER DATED: 28/03/2023




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/SPECIAL CIVIL APPLICATION NO. 2846 of 2019
                                  With
              R/SPECIAL CIVIL APPLICATION NO. 4483 of 2019
                                  With
              R/SPECIAL CIVIL APPLICATION NO. 4484 of 2019
                                  With
              R/SPECIAL CIVIL APPLICATION NO. 4485 of 2019
                                  With
              R/SPECIAL CIVIL APPLICATION NO. 4486 of 2019
                                  With
              R/SPECIAL CIVIL APPLICATION NO. 4488 of 2019
                                  With
              R/SPECIAL CIVIL APPLICATION NO. 4489 of 2019
                                  With
              R/SPECIAL CIVIL APPLICATION NO. 4490 of 2019
                                  With
              R/SPECIAL CIVIL APPLICATION NO. 4491 of 2019
===============================================================
                DHARMSHIBHAI NATHUBHAI
                         Versus
 FOR GUJARAT GOVERNMENT SPECIAL LAND ACQUISITION OFFICER
===============================================================
Appearance:
for the Petitioner(s) No. 4
MR VIJAY H NANGESH(3981) for the Petitioner(s) No. 1,2,3,5
MR KRUTIK PARIKH, AGP for the Respondent(s) No. 1
MR RUTVIJ S OZA(5594) for the Respondent(s) No. 2
===============================================================
 CORAM:HONOURABLE MR. JUSTICE BHARGAV D. KARIA

                             Date : 28/03/2023
                           COMMON ORAL ORDER

1. Heard learned advocate Mr.Vijay H. Nangesh

for the petitioners, learned Assistant

Government Pleader Mr.Krutik Parikh for the

respondent No.1 and learned advocate Mr.Rutvij

S. Oza for the respondent No.2.

C/SCA/2846/2019 ORDER DATED: 28/03/2023

2. This Court (Coram: Hon'ble Ms.Justice

Sangeeta K. Vishen) passed the following order

on 10.11.2022 :

"1. Mr. Vijay Nangesh, learned Advocate appearing for the petitioners submitted that the petitioners are aggrieved by the order dated 18.04.2017 passed by the learned Additional Senior Civil Judge, Morbi whereby the application seeking amendment of the references under the provisions of Order 6 Rule 17 has been rejected. It is submitted that during the pendency of the writ petitions, others have been finally disposed of vide judgment dated 03.12.2021. It is submitted that while making a reference of the captioned writ petitions, the learned Principal Senior Civil Judge in the judgment has observed that the outcome of the captioned writ petitions would be binding on the parties. It is submitted that the learned Principal Senior Civil Judge while partly allowing the land reference cases, has enhanced the compensation to Rs.22/-. Therefore, it is likely that in the appeal, either

C/SCA/2846/2019 ORDER DATED: 28/03/2023

side may raise contention about rejection of the amendment application and grant of enhanced compensation. It is submitted that the petitionersclaimants have not preferred any appeal against the said order. However, he is unaware about any appeals filed by the Sardar Sarovar Nigam Ltd. and/or government.

2. On the other hand, Mr. Rutvij Oza, learned Advocate with Mr. Umang Vyas, learned Advocate submitted that in view of the disposal of the land reference cases, the present writ petitions as such, have been rendered infructuous. However, he would like to take instructions as to whether the Sardar Sarovar Nigam Ltd. has preferred any appeal against the said judgment or not.

3. Mr. Rutivij Oza, learned Advocate and Mr. Akash Chhaya, learned Assistant Government Pleader would like to take instructions as to whether any appeal has been preferred against the judgment or not. Request is made for adjournment.

4. Let the matter appear on 18.11.2022"

3. Learned advocate Mr.Oza for the respondent

No.2 submitted that the respondent No.2 has

C/SCA/2846/2019 ORDER DATED: 28/03/2023

not preferred the Appeal against the award

passed by the Reference Court.

4. In view of the above statement, these

petitions are disposed of as having become

infructuous. Notice is discharged.

(BHARGAV D. KARIA, J) PALAK