Gujarat High Court
Dineshbhai Maganbhai Vasava ... vs State Of Gujarat on 3 November, 2020
Author: Sonia Gokani
Bench: Sonia Gokani, Nirzar S. Desai
C/SCA/11760/2020 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 11760 of 2020
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DINESHBHAI MAGANBHAI VASAVA (NILESHBHAI MAGANBHAI
VASAVA)
Versus
STATE OF GUJARAT
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Appearance:
MR RAMESHCHANDRA B RATHOD(8944) for the Petitioner(s) No. 1,2,3
MR JK SHAH, ASSTT. GOVERNMENT PLEADER/PP(99) for the Respondent(s) No. 1
MR MG NAGARKAR(496) for the Respondent(s) No. 4
MR VIMAL A PUROHIT(5049) for the Respondent(s) No. 5
NOTICE SERVED(4) for the Respondent(s) No. 1,2,3,6,7
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CORAM:HONOURABLE MS. JUSTICE SONIA GOKANI
And
HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 03/11/2020
ORAL ORDER
(PER : HONOURABLE MS. JUSTICE SONIA GOKANI)
1. This petition is preferred invoking extraordinary jurisdiction of this Court under Article 226 of the Constitution of India is in relation to the provisions of Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2015 (hereinafter referred to as "Act, 2015") where the prayers sought for are as follows:
"(A) Be pleased to admit this petition;
(B) Be pleased to issue appropriate writ, order or direction (C) And be pleased to quash and set aside illegal, arbitrary action of the respondent authorities of making payment of 80% amount of compensation to the respondent No.5 on 11/06/2020 though the respondent No.5 i.e. Deepak Lallubhai Patel was not a lawful owner and occupier of the acquired land i.e. forming part of resurvey no. 158, block no.383 of village Ambhel, Taluka Vaghra, Bharuch ad measuring Hectare-are-square-meters 2-00-18 and be pleased to issue appropriate writ, order or direction upon the respondent No.1 and 2 to initiate appropriate action including the departmental action as well as initiation of proceedings for registration of the FIR / Complaint against the concerned officers / concerned respondent an appropriate writ, order or direction may kindly be issued in this regard;Page 1 of 4 Downloaded on : Wed Nov 04 23:53:30 IST 2020 C/SCA/11760/2020 ORDER
(D) Be pleased to issue appropriate writ, order or direction and be pleased to direct the respondent authorities to make the payment of compensation for the acquired land i.e. land forming part of resurvey no. 158, block no.383 ad measuring Hectare-are-square-
meters 2-00-18 situated in village Ambhel, Taluka Vaghra, Dist. Bharuch, to the petitioners and other co-owners whose names have been appeared in the revenue records, records of rights including in 7/12 village form and other revenue records and the compensation may kindly be ordered to be paid to the petitioners and other co- owners as the aforesaid subject matter lands have been acquired for G.I.D.C. for public purpose on the basis of notification dated 03/03/2020;
(E) Be pleased to issue appropriate writ, order or direction, and be pleased to hold that the concerned respondent authorities had no right or authority to make payment of 80% amount of total compensation for the acquired subject matter land, to the respondent No.5 i.e. Deepak Lallubhai Patel;
(F) And be pleased to issue further directions upon the respondents to make the payment of compensation under provisions of Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2015 to the petitioners and other co-owners and the same may kindly be ordered to be paid to the petitioners and other co-owners;
(G) Be pleased to issue appropriate writ, order or direction and be pleased to restrain the concerned authority from releasing / from making payment of remaining amount of 20% i.e. Rs.38,63,474/- being a remaining amount of compensation for the acquired land, the respondent authority may be restrained from disbursing the remaining amount of 20% of compensation to the respondent no.5;
(H) Be pleased to issue appropriate writ, order or direction and be pleased to direct the respondent authorities to consider and decide the objections dated 21/25.08.2020 and 07.09.2020 and the same may kindly be ordered to be considered and decided by the respondent authorities as expeditiously as possible in interest of justice;
(I) By way of interim order be pleased to restrain the respondent authorities from disbursing / from paying the remaining 20% amount of compensation i.e. 38,63,474/- to the respondent no.5, being an amount of compensation for acquisition of subject matter land forming part of Land Resurvey no. 158, account No.282 having old block no.383 ad measuring Hectare- are-square-meters 2-00-18 situated in village Ambhel, Taluka Vaghra, Dist. Bharuch, pending admission and final hearing of the present petition;"
Page 2 of 4 Downloaded on : Wed Nov 04 23:53:30 IST 2020 C/SCA/11760/2020 ORDER2. We noticed that on last occasion i.e. on 27.10.2020, learned advocate Mr. N.K. Majmudar stated that the petitioners intend to engage another lawyer and he issued no objection for the same to the petitioners.
3. Today, learned advocate Mr. Rameshchandra Rathod has appeared who has filed his appearance before this Court by filing his vakalatnama.
4. It is urged that the private parties, who are family members, have arrived at a compromise and by way of purshis / affidavit of withdrawal, the declaration has been made stating therein that the principal grievance was that the respondent No.6 in the capacity of power of attorney had accepted the entire sale consideration and due to miscommunication between the family members regarding disbursement of compensation and in absence of any satisfactory explanation of respondent No.6, there was a requirement for filing the present petition. Hence, the parties have worked out an amicable solution as both, respondent Nos.6 and 7 had tendered the satisfactory explanation and furnished accounts of sale receipts from respondent No.5. The compromise has been arrived at giving the entire details as to how it has been worked out and it has been tendered in physical form before the Registry. It has also been confirmed that the proceeding which had commenced before the District Collector
- respondent No.2 herein regarding issuance of permission under Section 73AA of the Act, 2015 and the permission thus granted was not in any manner prejudicial to the interest of the petitioners.
5. It also further reflects that the disbursement of the compensation has already taken place prior to the filing of petition and this has been confirmed by the signature of all concerned. The said document is permitted to be placed on record.
6. learned advocate Mr. Rameshchandra Rathod appearing for the petitioners states that respondent No.3 has passed away on 26.10.2020 as he was unwell for a long time. It is given to understand that respondent Page 3 of 4 Downloaded on : Wed Nov 04 23:53:30 IST 2020 C/SCA/11760/2020 ORDER No.3 was unmarried and he has no heir. The only heir is his brother who is respondent N.6 herein. Learned Advocate Mr.Vimal Purohit also confirms the same as an officer of the Court.
7. Learned AGP Mr. J.K. Shah confirmed this document of compromise for the same to have been tendered before the Land Acquisition Officer and the disbursement of the amount also having taken place much prior to the filing of the said petition.
8. The disputes amongst the parties having ended with this compromise, learned advocate Mr. Rameshchandra Rathod appearing for the petitioners seeks permission to withdraw the present petition. He also confirms as an officer of the Court that there are no heirs of the respondent No.3 other than respondent No.6 herein, who is already served with the notice and is also a party to the said compromise purshis.
9. Resultantly, the petition is disposed of as not pressed by the petitioners. Notice is discharged. Ad-interim relief, if any, stands vacated forthwith.
(SONIA GOKANI, J) (NIRZAR S. DESAI, J) ALI ISTAYAK Page 4 of 4 Downloaded on : Wed Nov 04 23:53:30 IST 2020