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SCA/7224/2011 2/ 2 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 7224 of 2011
For
Approval and Signature:
HONOURABLE
MR.JUSTICE V. M. SAHAI
Sd/-
HONOURABLE
MR.JUSTICE G.B.SHAH
Sd/-
=========================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
NO
2
To
be referred to the Reporter or not ?
NO
3
Whether
their Lordships wish to see the fair copy of the judgment ?
NO
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
NO
5
Whether
it is to be circulated to the civil judge ?
NO
=========================================
CHAMANBHAI
PRAGJIBHAI
Versus
SPECIAL
LAND ACQUISITION OFFICER
=========================================Appearance
:
MR NITIN M
AMIN for
the Petitioner
MR NJ SHAH, ASSTT GOVERNMENT PLEADER for the
Respondent
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE V. M. SAHAI
and
HONOURABLE
MR.JUSTICE G.B.SHAH
Date
: 19/07/2011
ORAL
JUDGMENT
(Per
: HONOURABLE MR.JUSTICE V. M. SAHAI)
1. We have
heard learned counsel Mr. Nitin M. Amin for the petitioner and
learned Assistant Government Pleader Mr. N.J. Shah for the
respondent.
2. This
petition has been filed by the petitioner on the ground that his
application under Section 28A of the Land Acquisition Act (for short,
‘the Act’) has not been decided in spite of the direction of this
Court issued on 15.2.2011 in Special Civil Application No.10564 of
2007 to Special Civil Application No.10579 of 2007.
3. The
application under Section 28A of the Act was not decided by the
respondent on the ground that they have filed First Appeal before
this Court challenging the award passed by the Reference Court under
Section 18 of the Act.
4. We are
of the opinion that the respondent contemptuously did not decide the
application of the petitioner under Section 28A of the Act as
pendency of the appeal would not amount to staying the proceedings
under Section 28A of the Act. However, now, though the first appeals
have also been decided by this Court, the application of the
petitioner under Section 28A of the Act has not been decided. The
ground taken by the respondent earlier was that no intimation has
been received by them from the learned Assistant Government Pleader
or the State Government for deciding the application under Section
28A of the Act.
5. Be that
as it may, the learned Assistant Government Pleader states that the
application of the petitioner under Section 28A of the Act would be
decided on merits by the concerned officer by reasoned and speaking
order within a period of three months from today.
6. This
petition is disposed of with the direction to the respondent to
decide the application of the petitioner under Section 28A of the Act
by reasoned and speaking order within a period of three months from
today in accordance with law. Rule is made absolute to the aforesaid
extent.
Sd/-
(V.M.
SAHAI, J.)
Sd/-
(G.B.
SHAH, J.)
omkar
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