Gujarat High Court High Court

=========================================Appearance vs Mr Nj Shah on 19 July, 2011

Gujarat High Court
=========================================Appearance vs Mr Nj Shah on 19 July, 2011
Author: V. M. G.B.Shah,
  
 Gujarat High Court Case Information System 
    
  
    

 
 
    	      
         
	    
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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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