Gujarat High Court
Patel Parsottambhai Prabhudas vs The Competent Authority Dfc And Special ... on 1 August, 2024
Author: Sunita Agarwal
Bench: Sunita Agarwal
NEUTRAL CITATION
C/SCA/3969/2024 ORDER DATED: 01/08/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 3969 of 2024
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PATEL PARSOTTAMBHAI PRABHUDAS & ANR.
Versus
THE COMPETENT AUTHORITY DFC AND SPECIAL LAND ACQUISITION
OFFICER & ORS.
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Appearance:
MR GM AMIN(124) for the Petitioner(s) No. 1,2
for the Respondent(s) No. 2,3
MS HETAL PATEL ASSISTANT GOVERNMENT PLEADER for the Respondent(s)
No. 1
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CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA
AGARWAL
and
HONOURABLE MR. JUSTICE PRANAV TRIVEDI
Date : 01/08/2024
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)
Heard the learned counsel appearing for the parties and
perused the record.
2. The petitioners herein claims disbursement of the amount of
compensation under the award dated 13.07.2023 with the assertion
that they are the owners of the land in question, namely Survey no.
440 admeasuring 01-21-26 sq.mtrs., situated at Village Ola, Taluka
Kalol, District Gandhinagar. It is stated in the writ petition that the
land in question was acquired for the purpose of 'Western Dedicated
Freight Corridor' and an award dated 03.02.2015 was declared
NEUTRAL CITATION
C/SCA/3969/2024 ORDER DATED: 01/08/2024
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originally. The compensation amount was deposited by the
respondent and the petitioners were served with the notice dated
06.01.2016, where after, the compensation under the original award
had been paid to the petitioners. Later, Jantri rates were revised and
benefit of 'Factor-2' was to be accorded to the petitioners and the
petitioners become entitle for the benefit of 'Factor-2' as per the
Government Resolution issued by the State Government.
2.1. The petitioners have approached this Court in Special Civil
Application No. 20980 of 2022 which has been decided by the
judgment and order dated 16.03.2023 along with the other
connected petitions, where under the respondents were directed to
pass an additional award by applying 'Factor-2' as envisaged under
Section 26(2) read with Schedule-I of the Right to Fair
Compensation, Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013. It is further submitted that pursuant to the
judgment and order passed by this Court dated 16.03.2023, a
revised award had been declared on 13.07.2023, where under, the
compensation amount at Rs.86,71,102/- of Survey No. 440 has been
declared. The said compensation amount though has been deposited
in the office of the Special Land Acquisition Officer, but there has
been no disbursement. Placing certain documents pertaining to the
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C/SCA/3969/2024 ORDER DATED: 01/08/2024
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land in question, namely 7/2 extract, Aadhar card, measurement
sheet of the DILR, it is sought to be submitted that the petitioners
land admeasuring 10,633 sq.mtr., has been acquired. An affidavit in
this regard has been filed on 31.08.2023 along with the relevant
documents, a copy whereof, is appended at Annexure-'F' collectively.
2.2. It is submitted that inspite of an application moved by the
petitioners, the compensation amount has not been paid and
information was called by letter dated 06.06.2023.
3. The prayer thus, has been made in the writ petition that the
compensation determined under the award dated 13.07.2023 be
disbursed to the petitioners herein.
4. Taking note of the above, we may further record that as per
the statement made in paragraph '3.8' of the writ petition that out of
the total amount of compensation of Rs.86,71,102/- , as per own case
of the petitioners, the petitioners are entitled in the share of
Rs.76,03,882/-, whereas respondent no. 2, namely Chirag Vasani is
entitled for Rs.10,67,620/-. The contention of the petitioners in
paragraph '3.8' is that respondent no. 2 had never disputed about
this at any point of time and no objection has been filed by him. The
Special Land Acquisition Officer is adamant to disburse the
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compensation amount depriving the petitioners from their share.
4.1. This submission made in paragraph '3.8' of the writ petition,
though have not been proved by bringing any material on record, but
it is evident that there are other co-owners of the land in question,
admittedly, one Chirag Vasani who is impleaded as respondent no. 2
herein.
5. Be that as it may, the facts stated in the writ petition about the
ownership of the acquired plot namely, Survey No. 440, admeasuring
01-21-26 sq.mtrs., situated at Village Ola, Taluka Kalol, District
Gandhinagar are not clear.
6. We therefore do not find it fit a case to issue a positive
mandamus to disburse the compensation amount to the petitioners
herein as per the claim made in paragraph '3.8' of the writ petition.
7. However, a liberty is granted to the petitioners to approach the
competent authority namely, the Special Land Acquisition Officer, to
move a proper application along with the copy of this order
appending the documents of their right, title and interest in the land
in question and the claim for disbursement of compensation as per
their share in the land in question. The description with regard to all
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the other co-owners of the land in question shall be duly given in the
said application to be moved by the petitioners. On receipt of the said
application, the Special Land Acquisition Officer, Seva Sadan,
Gandhinagar shall make an inquiry into the matter of entitlement of
the petitioners to receive compensation determined under the
revised award dated 13.07.2023. In the said inquiry, all other
persons interested, namely, the co-owners of the land in question
shall be given due notice and opportunity of hearing. The question of
apportionment of compensation amongst the co-owners including the
petitioners herein, as per their entitlement, shall be determined by
the Special Land Acquisition Officer, by passing a reasoned and
speaking order, strictly in accordance with law, within a period of
six weeks from the date of receipt of the application.
8. With the above observations and directions, the writ petition
stands disposed of.
8.1. It is further clarified that independent consideration shall be
given by the Special Land Acquisition Officer, without being
influenced by any of the observations made herein-above.
(SUNITA AGARWAL, CJ )
(PRANAV TRIVEDI,J)
phalguni
