Gujarat High Court
Thakorbhai Gokulbhai Parmar & 3 vs State Of Gujarat & 3 on 30 March, 2016
Author: Akil Kureshi
Bench: Akil Kureshi, Z.K.Saiyed
C/SCA/4740/2016 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 4740 of 2016
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THAKORBHAI GOKULBHAI PARMAR & 3....Petitioner(s)
Versus
STATE OF GUJARAT & 3....Respondent(s)
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Appearance:
MR MEHULSHARAD SHAH, ADVOCATE for the Petitioner(s) No. 1 - 4
ADVANCE COPY SERVED TO GP/PP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE AKIL KURESHI
and
HONOURABLE MR.JUSTICE Z.K.SAIYED
Date : 30/03/2016
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE AKIL KURESHI) In view of the fact that the award under Section 11 of the Land Acquisition Act, 1894 in the present case was passed on 4.10.2011, learned counsel for the petitioners does not press the challenge to the acquisition on the basis of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation & Resettlement Act, 2013. He, however, submitted that the land of the petitioners falls within 300 meters of the gamtal land. As stated before the Court by the counsel for the GIDC which was recorded in the order Page 1 of 2 HC-NIC Page 1 of 2 Created On Thu Mar 31 01:17:31 IST 2016 C/SCA/4740/2016 ORDER dated 19.10.2010 in Special Civil Application No.9248 of 2010 and connected petitions, the GIDC policy does not envisage generally acquiring such lands. It was conveyed to Court then that a fresh decision therefore be taken whether to go ahead with the acquisition of the land or no. Counsel for the petitioners further submitted that without conveying the decision of the GIDC to the petitioners the award under Section 11 came to be passed. Such award was passed without any notice to the petitioners and even copy of the award was never served on the petitioners. The petitioners have neither received compensation nor the possession of the land was taken over.
Notice returnable on 24.4.2016.
Both the sides will maintain status with respect to land in question.
Direct service is permitted.
(AKIL KURESHI, J.) (Z.K.SAIYED, J.) KKS Page 2 of 2 HC-NIC Page 2 of 2 Created On Thu Mar 31 01:17:31 IST 2016