Gujarat High Court
Muktaben Maganbhai & 12 vs State Of Gujarat & 3 on 27 November, 2014
Author: Jayant Patel
Bench: Jayant Patel, C.L. Soni
C/SCA/7243/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 7243 of 2014
With
SPECIAL CIVIL APPLICATION NO. 7244 of 2014
With
SPECIAL CIVIL APPLICATION NO. 7281 of 2014
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MUKTABEN MAGANBHAI & 12....Petitioner(s)
Versus
STATE OF GUJARAT & 3....Respondent(s)
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Appearance:
MR SP MAJMUDAR, ADVOCATE for the Petitioner(s) No. 1 - 13
MR. HJ KARATHIYA, ADVOCATE for the Petitioner(s) No. 1 - 13
MR HARSHEEK SHUKLA, ASSTT GOVERNMENT PLEADER for the
Respondent No.1 in SCA 7243 of 2014
MR RAKESH PATEL, ASSTT GOVT PLEADER for the Respondent-State in
SCA Nos.7244 of 2014 and 7281 of 2014
NOTICE SERVED BY DS for the Respondent(s) No. 2 - 4
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CORAM: HONOURABLE MR.JUSTICE JAYANT PATEL
and
HONOURABLE MR.JUSTICE C.L. SONI
Date : 27/11/2014
COMMON ORAL ORDER
(PER : HONOURABLE MR.JUSTICE JAYANT PATEL)
1. We have heard learned counsel Mr. S.P. Majmudar for the petitioners and learned Assistant Government Pleaders Mr. Harsheel Shukla and Mr. Rakesh Patel for the respondent State authorities.
2. The petitioners have invoked the provisions of Section 24(2) of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter shall be referred to as 'the Act'). No material is produced by the respondents to show that after the award, as per the Land Acquisition Page 1 of 2 C/SCA/7243/2014 ORDER Act, 1894, the possession of the land in question was taken over. Even if it is considered, that ground of compensation may not be available to the petitioners since they had declined to accept the compensation. It prima facie appears that the land in question are of submerged area of a dam which may be required for public purpose in the event water level in the dam goes up.
3. Hence RULE returnable on 17th March 2015. Learned Assistant Government Pleaders Mr. Harsheel Shukla and Mr. Rakesh Patel waive service of Rule for the respondent State authorities.
4. By way of interim relief, the petitioners shall be at liberty to continue the possession on the same terms and conditions as per their undertaking as was given by them earlier. It would also be open to the respondents to initiate proceedings for acquisition of the land in question under the Act of 2013 in accordance with law and pendency of these petitions shall not operate as a bar. It is also observed that the petitioners shall also not transfer or alienate the land in question pending the petitions.
(JAYANT PATEL, J.) (C.L.SONI, J.) Omkar Page 2 of 2