High CourtsDivision Bench(2023) 03 GUJ CK 0110

Thakor Rameshji Babaji vs Competent Authority Dfc And Special Land Acquisition Officer

Gujarat High Court · Decided on 23 March 2023

HON’BLE JUDGES
A.J.Desai, J · Biren Vaishnav, J
RESULT
Disposed Of
CASE NUMBER
R/Special Civil Application No. 19644, 19582, 19605, 19642, 23225, 20980, 23580 Of 2022, 20196, 22030, 2490, 3342 Of 2023

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Judgment

5 paragraphs · 218 words

A.J.Desai, J

1.

Rule returnable forthwith. We have taken up for final hearing by consent of learned advocates for the respective parties.

2.

In all these petitions under Article 226 of the Constitution of India, the prayer of the petitioners is to grant Factor-2 of Schedule 1 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

3.

All the parties have agreed that the issue is covered by an order passed by Coordinate Bench of this Court in Special Civil Application No.11760 of 2021.

4.

Considering the order which has been passed in the light of the case of Dhiraj A. Patel vs. State of Gujarat [2020 (1) GLR 752], the petitions are allowed with the direction that respondent No.1 is directed to pass award afresh by determining the compensation payable to the petitioners by applying Factor–2 as provided under section 26(2) of 2013 Act as the lands in question which have since been acquired is in rural area and compensation will have to be made accordingly. The fresh award shall be passed within an outer limit of ten weeks from today and compensation shall be paid within four weeks from the date of passing of the award. The petitions stand disposed of. Rule is made absolute to the aforesaid extent.