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SCA/7390/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 7390 of
2010
======================================
SAVITABEN
MADHAVLAL PATEL (VAKHARIA)
Versus
SPECIAL
LAND ACQUISITION OFFICER AND ANOTHER
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Appearance :
MR
KM SHETH for Petitioner Nos.1, 1.2.1, 1.2.2, 1.2.3, 1.2.4,
1.2.5,1.2.6 MR HK PATEL, AGP for Respondent No.1.
None for
Respondent No.2.
======================================
CORAM
:
HONOURABLE
MR.JUSTICE D.H.WAGHELA
and
HONOURABLE
MR.JUSTICE BANKIM.N.MEHTA
Date
: 30/06/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE BANKIM.N.MEHTA)
1. Heard
learned advocate, Mr.Sheth, for the petitioner.
2. The
petitioner has prayed to quash and set aside order dated 29.1.2010
issued by respondent no.1 rejecting the request of the petitioner to
amend the award and to pay the amount of compensation awarded by the
Special Land Acquisition Officer.
3. Learned
advocate, Mr.Sheth, states that the petitioner has made an
application to the Collector to make a reference to the Court, as the
petitioner has not accepted the award, as provided under Section 18
of the Land Acquisition Act.
4. In
view of the fact that the award passed by competent authority has
been pending for reference to the Court at the instance of the
petitioner, the prayer made by the petitioner in this petition to
amend the award and to pay amount of compensation awarded by the
competent authority cannot be entertained in the writ jurisdiction.
Therefore, the petition is not maintainable at law and cannot be
entertained.
5. In
view of above, the petition fails and stands dismissed.
(D.H.Waghela,
J.)
(Bankim
N.Mehta, J.)
*malek
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