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MCA/1562/2010 1/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION - FOR ORDERS No. 1562 of 2010
In
FIRST APPEAL No. 4300 of 1998
To
MISC.CIVIL
APPLICATION - FOR ORDERS No. 1763 of 2010
=====================================================
MOHANBHAI
NARSINHBHAI VANKAR - Applicant(s)
Versus
SPL.LAQ
OFFICER & 1 - Opponent(s)
=====================================================
Appearance
:
MR AJ PATEL for Applicant(s) :
1,
Mr.K.L.Pandya,learned ASST.GOVERNMENT PLEADER for Opponent(s) :
1 - 2.
=====================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
and
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 13/07/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE JAYANT PATEL)
1. All
the applications are for modification of the judgment and order
passed by this Court in the respective First Appeals to the extent
that the applicants are entitled to get interest on the aggregate
amount of the compensation, including the amount of solatium as
provided in the Land Acquisition Act.
2. When
the matter is taken up for hearing for the first time, Mr.Patel,
learned counsel appearing for the applicants in all the matters
fairly conceded that after filing of the present applications, as per
the decision of this Court dated 6-10-2009 in Misc. Civil Application
No.2319 of 2009 and allied matters,such a prayer has not been granted
and further stated that in view of the aforesaid decision, he is not
inviting the reasons.
3. Suffice
it to state that the issues which arise for consideration are covered
by the decision of this court dated 6-10-2009 in Misc. Civil
Application No.2319 of 2009 and allied matters whereby the view taken
is that the original claimants-applicants herein, would not be
entitled to claim the interest on solatium under Section 23(2) and
the additional compensation under Section 23(1-A) of the Land
Acquisition Act,since the applicants herein had never challenged the
judgment and award of this court before the Apex Court, at the
relevant point of time.
4. Hence
all the applications are not entertained and dismissed.
(Jayant Patel,J)
(Smt.Abhilasha Kumari,J)
arg
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