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SCA/10564/2007 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 10564 of 2007
TO
SPECIAL
CIVIL APPLICATION No. 10579 of 2007
===================================
CHIMANBHAI
PRAGJIBHAI & 15 - Petitioners
Versus
SPL
LAND ACQUISITION OFFICER & 2 - Respondents
===================================
Appearance
:
MR
NITIN M AMIN for Petitioners.
MS MONALI BHATT, AGP for
Respondents.
===================================
CORAM
:
HONOURABLE
MR.JUSTICE D.H.WAGHELA
and
HONOURABLE
MR.JUSTICE K.A.PUJ
Date
: 15/02/2011
COMMON ORAL ORDER
(Per
: HONOURABLE MR.JUSTICE D.H.WAGHELA)
These
petitions invoking Articles 14, 226 & 227 of the Constitution
have been made with the prayer that the respondents may be directed
to pay compensation to the petitioners as per the order passed by
this Court on 04.10.2006 in Civil Application Nos.8974 to 9054 of
2006 in First Appeal Nos.1151 to 1231 of 2006.
Material
facts of the matter are that the respondent No.2 herein had
initiated proceedings under the Land
Acquisition Act for acquiring the land for the construction of
Vallabhipur Branch Canal, and respondent No.3 had initiated
proceedings for acquiring the land for Saurashtra Branch Canal.
Thereafter, awards of compensation were made in favour of the
petitioners and some of the land losers had approached the District
Court after a reference being made under Section 18 of the Land
Acquisition Act. The District Court, Surendranagar has, by its
judgment and order dated 30.04.2005 enhanced the compensation.
Therefore, as the petitioners had not preferred any reference, they
submitted their applications under Section 28-A of the Act. Such
applications are stated to have been made within the prescribed
period of limitation and since the aforesaid judgment and order of
the District Court were already carried in appeal, in the group of
First Appeals No.1151 to 1231 of 2006 and some interim relief was
granted in those appeals, the petitioners were tempted to directly
claim the relief granted by this Court in the First Appeals.
It was,
however, conceded that by now, the appeals have been dismissed by
order dated 29.11.2010 of learned Single Judge of this Court and the
applications under Section 28-A of the petitioners, which are stated
to be pending, are required to be processed for redetermination of
the amount of compensation.
The factual
statement made by and on behalf of the petitioners are not
controverted and no reason is cited for not entertaining and
considering in accordance with law the applications under Section
28-A of the petitioners, which are stated to be pending.
Therefore,
without entertaining into merits of the applications of the
petitioners, which are stated to be pending before the respondents,
the petitions are disposed of with the direction that their
applications under Section 28-A of the Land Acquisition Act shall be
duly processed and the additional compensation, if any, as may be
found due and payable upon redetermination
of the amount of compensation shall be paid to the petitioners, in
accordance with law, as expeditiously as practicable.
D.S.
Permitted.
Sd/-
[D. H. WAGHELA, J.]
Sd/-
[K. A. PUJ, J.]
Savariya
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