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Gujarat High Court

Jigarbhai Amratbhai Patel vs State Of Guarat on 4 October, 2018

Author: R.Subhash Reddy

Bench: R.Subhash Reddy, Vipul M. Pancholi

        C/SCA/9196/2018                                          ORDER




        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          R/SPECIAL CIVIL APPLICATION NO. 9196 of 2018
                             With
          R/SPECIAL CIVIL APPLICATION NO. 9197 of 2018
                             With
          R/SPECIAL CIVIL APPLICATION NO. 9198 of 2018
                             With
          R/SPECIAL CIVIL APPLICATION NO. 9199 of 2018
                             With
          R/SPECIAL CIVIL APPLICATION NO. 9864 of 2018
==========================================================
                   PRAVIN DHIRUBHAI MEHTA
                            Versus
        SPECIAL LAND ACQUISITION OFFICER / COLLECTOR
==========================================================
Appearance:
MR AJ YAGNIK(1372) for the PETITIONER(s) No. 1
GOVERNMENT PLEADER(1) for the RESPONDENT(s) No. 1,3
MR DEVANG VYAS(2794) for the RESPONDENT(s) No. 5
MR RAMNANDAN SINGH(1126) for the RESPONDENT(s) No. 6
MS ARCHANA U AMIN(2462) for the RESPONDENT(s) No. 2
NOTICE SERVED(4) for the RESPONDENT(s) No. 4
==========================================================
 CORAM: HONOURABLE THE CHIEF JUSTICE MR. R.SUBHASH REDDY
          and
          HONOURABLE MR.JUSTICE VIPUL M. PANCHOLI
                      Date : 04/10/2018
                   COMMON ORAL ORDER

(PER : HONOURABLE THE CHIEF JUSTICE MR. R.SUBHASH REDDY) In this batch of five Special Civil Applications under Article 226 of the Constitution of India, the acquisition of land for the purpose of Mumbai Ahmedabad High Speed Bullet Train Project is questioned. One of the prayers is questioning the validity of Section 10A read with Section 2(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Gujarat Amendment) Act, 2016. It is the case of the Page 1 of 2 C/SCA/9196/2018 ORDER petitioner that State amendment is contrary to the objects of the Central Act.

In one of the matters, on behalf of the Railway Ministry, affidavit is filed earlier on 17.08.2018.

Out of batch of five cases, learned counsel Mr.Monaal Davawala has submitted that he has instructions to withdraw Special Civil Application Nos.9196/2018, 9197/2017, 9198/2018 and 9199/2018.

In Special Civil Application No.9864 of 2018, learned counsel appearing for the Railway Ministry submits that earlier, Ministry of Rural Development has filed affidavit without meeting some of the points, as such made request to grant further time to file additional affidavit.

In view of such developments and request made, as a last chance, the matter is adjourned to 12.10.2018.

(R.SUBHASH REDDY, CJ) (VIPUL M. PANCHOLI, J) piyush Page 2 of 2