Khimjibhai Harjibhai Prajapati ... vs State Of Gujarat

(PER : HONOURABLE THE CHIEF JUSTICE MR. VIKRAM NATH) [1] Heard Shri Shivang A. Thacker, learned counsel for the petitioner and Shri J.K.Shah, learned Assistant Government Pleader for the respondent - State, on advance notice.

[2] In view of the order proposed to be passed, we do not intend to invite counter affidavit in representing the matter, as the interest of respondents would be well protected under directions issued by us.

[3] In brief, the grievance of the petitioner is that the award under the provisions of the Land Acquisition Act, 1894 was although made with respect to the land of the petitioner owned by him in the name of third person, the name was wrongly shown at the revenue record in the relevant point of time. Subsequently, the petitioner has got the revenue records Page 1 of 3 Downloaded on : Wed Jan 15 20:41:25 IST 2020 C/SCA/154/2020 ORDER corrected and now the name of the petitioner appears in the revenue record. Thereafter, the petitioner has applied to the Deputy Collector / Special Land Acquisition Officer, District Kutch (respondent No.2) for correcting the award, but no orders have been passed in the said application which is said to be pending for more than an year. The petitioner also submitted reminders which have also gone unattended. In the circumstances, the limited relief pressed before us for appropriate direction to the respondent No.2 to take appropriate decision on the pending application of the petitioner and get the award corrected, and further to take payment of the compensation due to the petitioner.

[4] Shri J.K.Shah, learned Assistant Government Pleader for the respondent - State states that subject to verification of award and calling for the request from all the concerned authorities, the respondent No.2 would take appropriate decision, and in case it is found that the petitioner is entitled to compensation; as claimed, the same would be paid to him within reasonable time fixed by this Court.

[5] Considering the facts and circumstances of the case, we dispose of this petition with a direction to the respondent No.2 to take appropriate decision on the pending request of the petitioner, referred to above, strictly in accordance with law within a period of two months from the date of production of certified copy of this order. The petitioner would be free to submit all other material along with certified copy for the convenience of the respondent No.2. We further direct that in case, the claim made by the petitioner is found to be correct, the respondent No.2 would ensure that the compensation due Page 2 of 3 Downloaded on : Wed Jan 15 20:41:25 IST 2020 C/SCA/154/2020 ORDER and payable to the petitioner is also paid within a period of one month from the date of such decision.

[6] In case, it is found that the petitioner is not entitled to the correction of the award; as claimed, the decision to that effect would be communicated to the petitioner within a period of two months.

(VIKRAM NATH, C.J.) (A.J. SHASTRI, J.) DHARMENDRA KUMAR Page 3 of 3 Downloaded on : Wed Jan 15 20:41:25 IST 2020