Dismissed

Manishkumar Narendrabhai Desai v. State of Gujarat

Gujarat HC7 Sept 2022SCA/5855/2021

Case brief

AI extract

What is this about?

The Allahabad High Court observed the High Court of Gujarat at Ahmed noted during the pendency of the Special Civil Application, electricity polls had already been erected on the petitioners' land. Consequently, the court held it was unjust to deny the petitioners' claim and directed the appropriate authority to apply the same compensation methodology used in similar cases while dismissing the sub

What did the court decide?

Directed appropriate authority to determine compensation applying same methodology as for similarly situated persons.

Manishkumar Narendrabhai Desai Vs State of Gujarat — Land Acquisition | Gujarat HC (2022)

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C/SCA/5855/2021 ORDER DATED: 07/09/2022

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/SPECIAL CIVIL APPLICATION NO. 5855 of 2021

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MANISHKUMAR NARENDRABHAI DESAI

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Versus

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STATE OF GUJARAT

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Appearance:

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MR SM DAVE(11268) for the Petitioner(s) No. 1,2,3 MR JAIMIN R DAVE(7022) for the Petitioner(s) No. 1,2,3 SHIVAM D PARIKH(9477) for the Petitioner(s) No. 1,2,3 MR SAHIL TRIVEDI, AGP for the Respondent(s) No. 1 MR SALIL M THAKORE(5821) for the Respondent(s) No. 2

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CORAM: HONOURABLE MR. JUSTICE NIRZAR S. DESAI

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Date : 07/09/2022

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ORAL ORDER

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1 Mr.Jaimin Dave, learned advocate for the petitioners state that during the pendency of this petition, the electricity polls have already been erected in the field of the petitioners, and therefore, the petition has become infructuous. Learned advocate Mr.Dave states that now only question that remains is about sufficiency of compensation and for which the petitioners have individual remedy. However, learned advocate Mr. Dave requests that the appropriate authority may be directed to apply the same formula while determining the amount of compensation which the authority has followed in respect of other similarly situated persons.

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Page 1 of 2

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2 In view of the above innocuous request made by Mr.Dave, learned advocate for the petitioners, the appropriate authority prescribed under the law is directed to determine the amount of compensation in respect of the damage done to the property of the petitioners by applying the same methodology which has been applied in similarly situated cases.

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3 With the aforesaid, permission as prayed is granted. This petition stands disposed of as withdrawn. Notice discharged No order as to costs.

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(NIRZAR S. DESAI,J)

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P. SUBRAHMANYAM

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Page 2 of 2

Manishkumar Narendrabhai Desai v. State of Gujarat

Case brief

What is this about?

What did the court decide?

Manishkumar Narendrabhai Desai v. State of Gujarat

Case brief

What is this about?

What did the court decide?

What the court decided

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