Jagdishbhai Pratapsinh Barad vs Special Land Acquisition Officer
2024 Latest Caselaw 1526 Guj

Gujarat High Court

Jagdishbhai Pratapsinh Barad vs Special Land Acquisition Officer on 19 February, 2024

                                                                                 NEUTRAL CITATION




       C/CA/2349/2023                           ORDER DATED: 19/02/2024


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           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
     R/CIVIL APPLICATION (FOR LEAVE TO APPEAL) NO. 2349 of 2023
                  In F/FIRST APPEAL NO. 37711 of 2023
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 JAGDISHBHAI PRATAPSINH BARAD & ANR.JAGDISHBHAI PRATAPSINH
                           BARAD
                            Versus
  SPECIAL LAND ACQUISITION OFFICERSPECIAL LAND ACQUISITION
                       OFFICER & ANR.
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Appearance:
MR CHINMAY M GANDHI(3979) for the Applicant(s) No. 1,2
MS FORAM U TRIVEDI, AGP ADVANCE COPY SERVED TO GOVERNMENT
PLEADER/PP for the Respondent(s) No. 1
MR MB GOHIL(2702) for the Respondent(s) No. 2
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     CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI

                            Date : 19/02/2024
                             ORAL ORDER

1. Heard learned advocates for the respective parties.

2. This is an application for Leave to Appeal challenging the

judgment and award dated 21.10.2022 passed in Land Acquisition

Reference Case No.159 of 2014 by learned Principal Senior Civil

Judge, Ahmedabad (Rural), Mirzapur, Ahmedabad.

3. Learned advocate for the applicants has submitted that during

the pendency of the aforesaid Land Acquisition Reference Case, the

original owner Dadubhai Devubhai had transferred the right, title

and interest of the disputed land in question in favour of the present

applicants by way of a registered sale deed dated 15.06.2018

NEUTRAL CITATION

C/CA/2349/2023 ORDER DATED: 19/02/2024

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registered at Sr. No.7328 with the Office of the Sub-Registrar

Sanad, District Ahmedabad and the entries of the said sale deed has

been mutated in the Revenue Record. However, the present

applicants were not impleaded in the original Land Acquisition

Reference Case. It is further submitted that the present applicants

have acquired right, title and interest in the properties acquired by

the opponents and they are directly affected by the impugned

judgment and award dated 21.10.2022.

4. Having considered the submissions canvassed by the learned

advocate for the applicants and the copy of registered sale deed

which is placed on record by the applicants clearly demonstrates

that the applicants have purchased the suit land vide registered sale

deed dated 15.06.2018 being Registration No.7328 and have

acquired the ownership right in the acquired properties. Thus, this

Court is of the view that the Leave to Appeal is required to be

granted and the same is granted.

5. In view of above, the present Application is allowed.

(D. M. DESAI,J) RINKU MALI