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SCA/3526/2011 3/ 3 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 3526 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
=========================================
PATEL
HARJIBHAI BABABHAI AND OTHERS
Versus
STATE
OF GUJARAT THROUGH SECRETARY TO THE AND OTHERS
=========================================Appearance
:
MR GUNVANT
R THAKAR for
the Petitioners
MR NJ SHAH, ASSTT GOVERNMENT PLEADER for
Respondent Nos.1,4 and 5
MR HS MUNSHAW for Respondent Nos.2 and 3
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE V. M. SAHAI
and
HONOURABLE
MR.JUSTICE G.B.SHAH
Date
: 08/07/2011
ORAL
JUDGMENT(Per
: HONOURABLE MR.JUSTICE V. M. SAHAI)
1. We have
heard learned counsel Mr. G.R. Thakar for the petitioners, learned
Assistant Government Pleader Mr. N.J. Shah for respondent Nos. 1,4
and 5 and learned counsel Mr. H.S. Munshaw for respondent Nos.2 and
3.
2. This
petition has been filed by the petitioners for issuance of the
direction to the respondent authorities to fix compensation and to
pay the petitioner solatium, interest, etc. by completing the
procedure for acquisition and by making an award.
3. The writ
petition was prepared on 13th October 2010, but was filed
in the Registry on 14th March 2011.
4. Notification
under Section 4 of the Land Acquisition Act ( for short, ‘the Act’)
was issued on 26.5.2011 for acquiring the same land on which the road
has already been constructed. Declaration under Section 6 of the Act
has not yet been issued. However, in the affidavit-in-reply, filed by
respondent No.2, it is admitted that the road known as Moli-Majethi
-Rajapar Road, Taluka Dasada, District Surendranagar, having width
of 6 Mtrs. and length of 4 Km. was constructed in the year 1980-1981
and the said District Road was a new road. The possession of the land
for construction of the road was taken by the respondents on 2.5.1981
from the land owners.
5. It is
alleged that the petitioners whose land was taken for construction of
the road claimed compensation which was considered by the respondents
in the year 1989 and correspondence took place between the respondent
Nos.2,3,4 and 5.
6. The
grievance of the petitioners is that since the possession of the land
has been taken on 2.5.1981, this fact may be considered by the
Collector while making award under Section 11 of the Act.
7. Once
this is an admitted fact that the possession of the land has been
taken by the State on 2.5.1981 for construction of the new road and
the road has been constructed, this fact shall be taken into
consideration by the Collector while making award under Section 11 of
the Act in pursuance of the land acquisition proceedings which have
been initiated on 26.5.2011.
8. With the
aforesaid direction, this petition stands finally disposed of.
Sd/-
(V.M.
SAHAI, J.)
Sd/-
(G.B.
SHAH, J.)
omkar
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