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SCA/10765/2010 1/ 1 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 10765 of 2010
=========================================
DHULABHAI
RUPABHAI RAMI
Versus
STATE
OF GUJARAT AND OTHERS
=========================================
Appearance
:
MR MB PARIKH for Petitioner.
MS
TRUSHA PATEL, AGP for Respondent No.1.
None for Respondent Nos.2 -
4.
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE D.H.WAGHELA
and
HONOURABLE
MR.JUSTICE S.R.BRAHMBHATT
Date
: 09/09/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE D.H.WAGHELA)
1. The
petition is filed to challenge order dated 16.8.1996 which is an
award awarding compensation of Rs.21,50,000/- in terms of an order of
this Court. Inordinate delay is sought to be explained away by the
averments on oath that recently in the month of April 2010, after
meeting a friend of the petitioner, who is also an advocate, the
petitioner realized that price awarded by respondent no.3 was paid
for agricultural land though it was non-agricultural land, which was
acquired. It is also stated that the petitioner is illiterate and
unaware of the order made in Civil Revision Application and Misc.
Civil Application to which he was a party, even as the sum of Rs.21.5
Lacs is admittedly received by the petitioner.
2. In
the above facts, the petition is dismissed only on the ground of
delay and it being apparently a case of fomentation of litigation it
is dismissed with cost quantified at Rs.5,000/- which shall be paid
by the petitioner to the Legal Services Authority at Ahmedabad within
a period of one month.
(D.H.Waghela,
J.) (S.R.Brahmbhatt,
J.)
*malek
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