Disposed

Pyarbhai Hasanbhai Momin v. State of Gujarat

Gujarat HC19 Feb 2020SCA/23231/2019

Case brief

AI extract

What is this about?

The High Court of Gujarat addressed petitioners' grievance regarding the State entering their land without formal acquisition proceedings and failing to pay compensation. The Court directed the State to complete acquisition proceedings and pay compensation within four months of the order's service under the 2013 Act.

What did the court decide?

Directive to respondents to complete acquisition proceedings and ensure payment of compensation to petitioners within four months of service of the order.

Pyarbhai Hasanbhai Momin Vs State of Gujarat — Land Acquisition | Gujarat HC (2020)

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C/SCA/610/2020 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/SPECIAL CIVIL APPLICATION NO. 610 of 2020 With R/SPECIAL CIVIL APPLICATION NO. 23231 of 2019 With R/SPECIAL CIVIL APPLICATION NO. 1577 of 2020

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MANUBHAI NARANBHAI PARMAR

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Versus

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STATE OF GUJARAT

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Appearance :

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MR.M.B.GANDHI, SENIOR COUNSEL WITH MR CHINMAY M GANDHI(3979) for the Petitioner(s) No. 1,2,3

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MR.J.K.SHAH, AGP (1) for the Respondent(s) No. 1,2,3

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CORAM : HONOURABLE THE CHIEF JUSTICE MR. VIKRAM NATH and HONOURABLE MR.JUSTICE ASHUTOSH J. SHASTRI

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Date : 19/02/2020

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ORAL ORDER

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(PER : HONOURABLE THE CHIEF JUSTICE MR. VIKRAM NATH)

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Heard Shri M. B. Gandhi, learned senior counsel assisted by Shri Chinmay M. Gandhi, learned counsel for the petitioners and Shri J. K. Shah, learned Assistant Government Pleader for the respondent – State.

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The grievance of the petitioners in all these matters is with regard to non-payment of compensation or drawing of any acquisition proceedings before entering over the land of the petitioners by the respondent – State, as such the petitioners have prayed for appropriate steps being taken for acquisition of their land and for determination and payment of compensation at the market rate.

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Page 1 of 2

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C/SCA/610/2020 ORDER

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Affidavit-in-reply has been filed by respondent No.2 in all the three matters. It is an admitted fact that the possession of the land of the petitioners has been taken although without drawing any acquisition proceedings, as such, now a letter is issued by the Deputy Collector and Special Land Acquisition Officer, Narmada project dated 11.02.2020 to the Additional Collector, Narmada project for initiation of proceedings for land acquisition. Copy whereof is filed as Annexure-R1 .

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Shri Shah, learned Assistant Government Pleader has prayed for some reasonable time being allowed to the respondents to get the acquisition process completed and award the compensation which is to be done as per the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Although, Shri Shah, learned Assistant Government Pleader has requested that the Court may only observe that the said exercise may be completed as early as possible, but we are not inclined to accept the said request and we direct the respondents to complete the acquisition proceedings and ensure payment of compensation to the petitioners within a period of 4 months from the date of service of this order on the respondents No.1 and 2.

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With the aforesaid directions, the above three petitions stand disposed of.

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(VIKRAM NATH, C.J.)

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(ASHUTOSH J. SHASTRI, J.)

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DHARMENDRA KUMAR

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Page 2 of 2

Pyarbhai Hasanbhai Momin v. State of Gujarat

Case brief

What is this about?

What did the court decide?

Pyarbhai Hasanbhai Momin v. State of Gujarat

Case brief

What is this about?

What did the court decide?

What the court decided

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