Allowed

Fatehbhai Bhulabhai Nayak Legal Heris of Deceased Bhulabhai Harsingbhai Nayak v. State of Gujarat

Gujarat HC10 Jul 2018SCA/10299/2018

Case brief

AI extract

What is this about?

The High Court of Gujarat allowed four special civil applications relying on an earlier judgment. The court set aside an award under Section 28A of the Land Acquisition Act to the extent of restricting interest and directed respondents to compensate petitioners for delay.

What did the court decide?

Set aside the award under Section 28A to the extent of restricting interest; directed payment of interest at 9% for one year and 15% thereafter up to 24.10.2016. Directed respondents to ensure expedit

Fatehbhai Bhulabhai Nayak Legal Heris of Deceased Bhulabhai… — Land Acquisition | Gujarat HC (2018)

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C/SCA/10295/2018 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/SPECIAL CIVIL APPLICATION NO. 10295 of 2018 With R/SPECIAL CIVIL APPLICATION NO. 10296 of 2018 With R/SPECIAL CIVIL APPLICATION NO. 10297 of 2018 With R/SPECIAL CIVIL APPLICATION NO. 10298 of 2018 With R/SPECIAL CIVIL APPLICATION NO. 10299 of 2018

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LEGAL HEIRS OF DECEASED SHRI MANHARBHAI RAMJIBHAI

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Versus STATE OF GUJARAT

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Appearance:

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UTSAV P PARIKH(8223) for the PETITIONER(s) No. 1,1.1,2,3,3.1 VIVAN T SHAH(7947) for the PETITIONER(s) No. 1,1.1,2,3,3.1 for the RESPONDENT(s) No. 2,3

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MR ROHAN YAGNIK, AGP(99) for the RESPONDENT(s) No. 1

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CORAM: HONOURABLE THE CHIEF JUSTICE MR. R.SUBHASH REDDY and HONOURABLE MR.JUSTICE VIPUL M. PANCHOLI Date : 10/07/2018

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ORAL ORDER (PER : HONOURABLE THE CHIEF JUSTICE MR. R.SUBHASH REDDY)

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1.It is submitted by learned counsel for
the petitioners as well as the learned Assistant
Government Pleader appearing for the respondent-
authorities, and learned counsel Shri Nirzar
Desai who appeared in similar matters in Special
Civil Application Nos.19352 of 2017 and batch for
Narmada Project-respondent no.3 herein, as such,
on our request, has appeared for third respondent
in this batch of cases also, that subject matter
of these petitions is covered to be allowed in

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Page 1 of 2

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C/SCA/10295/2018 ORDER

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view of the judgment of this Court in Special
Civil Application No.19352 of 2017 and batch
dated 9.5.2018.

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2.Having perused the material on record,
we are of the view that subject matter is covered
to be allowed following the earlier judgment
referred above. Accordingly, these petitions are
allowed for the very same reasons recorded in the
order dated 9.5.2018 passed in Special Civil
Application No.19352 of 2017 and batch by setting
aside the award dated 14.3.2016 passed on
application filed by the petitioners under
Section 28A of the Land Acquisition Act, 1894, to
the extent of restricting the interest upto
21.11.2018. Consequently, there shall be
direction to the respondents to pay interest on
the compensation awarded, at the rate of 9% for
one year from the date of taking possession and
15% thereafter upto 24.10.2016. The petitions are
allowed with the directions indicated above. No
order as to costs. Respondents are directed to
take steps for expeditious payments as ordered
above.

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(R.SUBHASH REDDY, CJ)

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(VIPUL M. PANCHOLI, J)

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SRILATHA

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Page 2 of 2

Fatehbhai Bhulabhai Nayak Legal Heris of Deceased Bhulabhai Harsingbhai Nayak v. State of Gujarat

Case brief

What is this about?

What did the court decide?

Fatehbhai Bhulabhai Nayak Legal Heris of Deceased Bhulabhai Harsingbhai Nayak v. State of Gujarat

Case brief

What is this about?

What did the court decide?

What the court decided

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Cases cited

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