Disposed

Gangaben Shivabhai Senva v. State of Gujarat

Gujarat HC16 Jun 2022SCA/5545/2017

Case brief

AI extract

What is this about?

On a writ petition seeking a direction to maintain FRL to avoid waterlogging and compensation for damaged land, the Court declined to examine the quantum of compensation, directing the petitioner to approach the appropriate forum. The prayer regarding FRL was satisfied based on the Respondent's submission to construct a toe drain.

What did the court decide?

Prayer regarding FRL satisfied; Prayer for compensation dismissed as Court declined to examine quantum. Petition disposed of.

Gangaben Shivabhai Senva Vs State of Gujarat — Environment and Pollution | Gujarat HC (2022)

¶1

C/SCA/5545/2017 ORDER DATED: 16/06/2022

¶2

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

¶3

R/SPECIAL CIVIL APPLICATION NO. 5545 of 2017

¶4

==========================================================

¶5

GANGABEN SHIVABHAI SENVA & 4 other(s)

¶6

Versus

¶7

STATE OF GUJARAT & 2 other(s)

¶8

==========================================================

¶9

Appearance: MR DHARMESH V SHAH(1050) for the Petitioner(s) No. 1,2,2.1,2.2,2.3,2.4,3,4,5 MR SAHIL B. TRIVEDI, AGP for the Respondent(s) No. 1,2 NOTICE SERVED BY DS for the Respondent(s) No. 3

¶10

==========================================================

¶11

CORAM: HONOURABLE MR. JUSTICE A.S. SUPEHIA

¶12

Date : 16/06/2022

¶13

ORAL ORDER

¶14

1. The present writ petition has been filed seeking the following reliefs.

¶15

“7. A. YOUR LORDSHIP may be pleased to admit and allow this Application.

¶16

B. YOUR LORDSHIP may be pleased to issue Writ of Mandamus or any Writ in nature of Mandamus to direct the respondent authorities to maintain the appropriate FRL (Full Reservoir Level) of lake at goblej village to avoid water logging in the agricultural land of the petitioners in the interest of justice.

¶17

C. YOUR LORDSHIP may be pleased to issue Writ of Mandamus or any Writ in nature of Mandamus to direct the respondent authorities to provide a compensation of Rs. 25,00,000 to the petitioners as a reparation for the damage caused to their farming land which has rendered it unfit for agriculture for the last 10 years in the interest of justice.”

¶18

Today, when the matter is taken up for hearing, learned Assistant Government Pleader Mr.Trivedi, on instructions of the officer – Rajendrakumar A. Parmar, Deputy Executive Engineer,

¶19

Page 1 of 2

¶20

C/SCA/5545/2017 ORDER DATED: 16/06/2022

¶21

Sedhi Irrigation Division, Nadiad, who is present before this Court, has submitted that in order to see that the waterlogging is avoided, the authorities are willing to construct toe drain for draining the excessive water. He has further submitted that appropriate drainage system will be constructed after monsoon.

¶22

The petitioner has also prayed for grant of compensation of Rs.25,00,000/- in prayer - 7(C).

¶23

In the considered opinion of this Court and the facts of the case, this Court, while exercising the powers under Section 226 of the Constitution of India, cannot examine the quantum of compensation. It will be open for the petitioner to approach the concerned authority or appropriate forum for claiming the compensation.

¶24

So far as the prayer -7 (B) is concerned, the same would get satisfied, in view of the statement made by the Officer.

¶25

In view of the above, the present writ petition is disposed of accordingly.

¶26

(A. S. SUPEHIA, J)

¶27

MAHESH BHATI/19

¶28

Page 2 of 2

Gangaben Shivabhai Senva v. State of Gujarat

Case brief

What is this about?

What did the court decide?

Gangaben Shivabhai Senva v. State of Gujarat

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Rathva Arvindbhai Kishanbhai Vs State of Gujarat

Firdaus Memorial Charity and Education Trust through Autho. Sign. Radheyshyam Rampal Patel Vs Chief Executive Officer

M/S Jalaram Metal Alloys Vs State of Gujarat

Thakarshibhai Bhurabhai Jajal Vs Gujarat State Information Commissioner

Laxmansinh Kesharsinh Solanki Vs State of Gujarat

Jatinkumar Ramanlal Patel Vs State of Gujarat