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Gujarat High Court · body

2017 DIGILAW 1590 (GUJ)

Kodi Damanbhai Ditabhai v. State of Gujarat

2017-09-04

B.N.KARIA, M.R.SHAH

body2017
ORDER : M.R. SHAH, J. 1. By way of this petition under Article 226 of the Constitution of India the petitioner has prayed for the following reliefs: (A) The Lordship may kindly be pleased to issue writ of mandamus or writ of certiorari or in the nature of prohibitory and any other appropriate writ directing the respondents to pay compensation for the acquisition of petitioner's land in 1992 under the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 or to pay compensation as per the Land Acquisition Act, 1984 and interest thereon. (B) Your Lordship may kindly be pleased to direct State of Gujarat respondent no. 1 to initiate departmental inquiry against whosoever were responsible for illegal and unconstitutional acquisition of the petitioner's land and prosecute them under Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 2. It is the case on behalf of the petitioner that without initiating any acquisition proceedings under the provisions of the Land Acquisition Act, 1894 and without paying any compensation, concerned respondents have constructed the road on part of the land of the petitioner. 3. Shri Munshaw, learned advocate appearing on behalf of respondent no. 3 is not in a position to dispute the above. Thus, it is an admitted position that for the disputed land in question upon which the concerned respondents have constructed the road, neither any acquisition proceedings have been undertaken nor award has been declared nor the petitioner has been paid any compensation. It appears that on approximately 1708 sq meters of the land belonging to the petitioner road has been constructed without making any payment of compensation to the petitioner. Thus, as such, the petitioner is entitled to the compensation for the aforesaid land, being 1708 sq meters as per the provisions of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013. 4. Shri Munshaw, learned advocate appearing on behalf of respondent no. 3 has stated at the Bar that the amount of compensation for the aforesaid 1708 sq meters of land on which the road has been constructed without acquisition shall be determined in accordance with the provisions of Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 and the same shall be paid to the petitioner within a period of two weeks from today. Concerned respondents are directed to act accordingly. It goes without saying that the petitioner shall be entitled to the interest on the amount of compensation to be determined and paid from the date of taking over the possession till it is actually paid. 5. With this, present petition stands disposed of accordingly.