PARMAR RAMNIKBHAI JETHABHAI Vs. STATE OF GUJARAT
LAWS(GJH)-2021-12-474
HIGH COURT OF GUJARAT
Decided on December 09,2021

Parmar Ramnikbhai Jethabhai Appellant
VERSUS
STATE OF GUJARAT Respondents

JUDGEMENT

ARAVIND KUMAR - (1.)Draft amendment is allowed. Necessary incorporation be made forthwith.
(2.)We have heard Mr.Saurabh Amin, learned counsel for the petitioners, Mr.K.M.Antani, learned Assistant Government Pleader for respondent No.1, Mr. Maulik Nanavati, learned counsel for respondent No.2 and Mr.Devang Vyas, learned Additional Solicitor General of India for respondent No.3.
(3.)By this petition under Article 226 of the Constitution of India, the petitioners have prayed for the following reliefs:
"(A) Your Lordships may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other writ, order or direction declaring that the impugned resolutions dtd. 10/11/2016 and 11/9/2018 (to the extent it is made prospective) issued by the Government of Gujarat, Revenue Department bearing No.LAQ 22-2014/179/GH. are null and void;

(B) Your Lordships may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other writ, order or direction and thereby be pleased to direct the respondent number 2 to amend/modify/revise the award dtd. 29/2/2016 bearing no.LAQ.N.H.-8/Case No.3(17) Firozpur/2015 and award bearing No.LAQ.N.H.-8/CASE No.41, 79/(34),(54), Firozpur/2016 and recompute the compensation qua the land of the petitioner by multiplying the market value as determined under sec. 26(1) of the LARR, 2013 Act with a Factor of 2(two) and per S.26(2) and applying all other statutory benefits as provided under the LARR Act, 2013 including solatium under S.30(1), interest under S.30(3) and be further pleased to direct the respondents to pay the compensation so determined, with interest from 29/2/2016 @ 9% for the first year and 15% per annum for subsequent years till date of realization within 6 weeks of the judgment;

(C) Pending admission, hearing and final disposal of the petition, Your Lordships may be pleased to restrain the respondents from using, altering, making any construction of any kind on the land of the petitioner;

(D) Pass other and further releases may be deemed just and proper in the facts and circumstances of the case may please be granted."



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