Gujarat High Court
M/S Pushti Enterprise Through One Of ... vs State Of Gujarat on 6 February, 2025
Author: Sunita Agarwal
Bench: Sunita Agarwal
NEUTRAL CITATION
C/SCA/2783/2024 ORDER DATED: 06/02/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 2783 of 2024
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M/S PUSHTI ENTERPRISE THROUGH ONE OF PARTNER, AMITKUMAR
AMRUTLAL MER
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MS KRUTI M. SHAH FOR MS HIMANI V SHAH(11300) for the Petitioner(s) No. 1
MS HETAL PATEL AGP for the Respondent(s) No. 1,3,4
MR HS MUNSHAW(495) for the Respondent(s) No. 8
MR JAY SNEHAL SHAH(13391) for the Respondent(s) No. 5,6
MR SP MAJMUDAR(3456) for the Respondent(s) No. 5,6
MR MAULIK NANAVATI FOR NANAVATI & CO.(7105) for the Respondent(s) No. 7
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CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE
SUNITA AGARWAL
and
HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE
Date : 06/02/2025
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)
1. Having heard the learned counsels for the parties and perused the record, we find that there is a serious dispute pertaining to the right, title or interest in the land in question namely, Revenue Survey No.223, having total area of 24,484 sq. mts. which has been purchased by the petitioner by way of a registered sale deed dated 13.04.2015 from the private respondent Nos.5 and 6 herein. A perusal of the sale deed dated 13.04.2015 brought on record of the present petition indicates that an area of 14,690 sq. mts. of Final Plot No.2 carved out of original Survey No.223 was sold in favour of the petitioner herein. The acquisition proceedings for the Bullet Train Project were conducted in the year 2018-2019 which has resulted in Page 1 of 3 Uploaded by KAUSHIK D. CHAUHAN(HC00197) on Fri Feb 07 2025 Downloaded on : Sat Feb 08 01:11:19 IST 2025 NEUTRAL CITATION C/SCA/2783/2024 ORDER DATED: 06/02/2025 undefined passing of the award 23.09.2019. It seems that at one stage of the proceedings before the Special Land Acquisition Officer while passing the award dated 23.09.2019, a dispute had arisen about right, title or interest of the rival parties, i.e. the petitioner and respondent Nos.5 and 6 herein, for the purpose of disbursement of compensation of the land in question. It seems that the said dispute has been adjudicated by the Special Land Acquisition Officer while making the award dated 23.09.2019. However, the dispute is still remaining and the question is as to who would be entitled for disbursement of compensation having right, title or interest in the land in question on the date of issuance of the acquisition notification under Section 11 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 ["Act of 2013" for short].
2. In our considered opinion, as the contentious question of fact to be adjudicated on the basis of evidence has been brought before us, the appropriate cause of action for the parties is to approach the Civil Court. At this stage, it is pointed out by Mr. S.P.Majmudar, the learned counsel appearing for the respondent Nos.5 and 6 that the said respondents have filed an application under Section 76 of the Act of 2013 to the competent authority/ Special Land Acquisition Officer to refer the dispute to the Civil Court. The reference has not taken place till date.
3. Taking note of the above, without entering into the merits of the claims of the parties, we dispose off the present petition with the observation that the Special Land Acquisition Officer shall refer the dispute to the Civil Court pursuant to the Page 2 of 3 Uploaded by KAUSHIK D. CHAUHAN(HC00197) on Fri Feb 07 2025 Downloaded on : Sat Feb 08 01:11:19 IST 2025 NEUTRAL CITATION C/SCA/2783/2024 ORDER DATED: 06/02/2025 undefined application dated 20.11.2024 filed by the respondent Nos.5 and 6 under Section 76 of the Act of 2013. While referring the said dispute, all the contesting parties including the petitioner herein shall be referred to the Civil Court for adjudication of their question of right, title and interest on the date of issuance of acquisition notification under Section 11 of the Act of 2013. We may make it clear that both the parties are at liberty to lead their evidence to adjudicate their right and interest in the land in question and any observations made by us hereinabove will not come in their way.
(SUNITA AGARWAL, CJ ) (ANIRUDDHA P. MAYEE, J.) KAUSHIK D. CHAUHAN Page 3 of 3 Uploaded by KAUSHIK D. CHAUHAN(HC00197) on Fri Feb 07 2025 Downloaded on : Sat Feb 08 01:11:19 IST 2025