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2021 Supreme(Guj) 695

VIKRAM NATH, BIREN VAISHNAV
DILIPSINHJI GODJI JADEJA – Appellant
Versus
SARDAR SAROVAR NARMADA NIGAM LTD – Respondent


Advocates Appeared:
For The Appellant :MR.MAULIK NANAVATI, ADVOCATE for NANAVATI AND CO.
For The Respondent:MS.AISHVARYA GUPTA, AGP, MS.MANISHA LAVKUMAR, LD. SENIOR ADVOCATE with ROHAN LAVKUMAR

JUDGMENT :

BIREN VAISHNAV, J.

1. These three petitions have been filed by the petitioners challenging land acquisition proceedings relating to survey nos.184, 214 and 215 of Village:Chassara, Taluka:Mundra, District:Kutch. It is the case of the petitioners that inadequate compensation has been awarded to the petitioners and therefore, the award dated 10.10.2013 passed in Land Acquisition Case No.33 of 2011 is bad. Procedural illegalities in the land acquisition proceedings, inasmuch as, non compliance of provisions of Sections 4, 6, 9 and 11 of the Land Acquisition Act, 1894 (hereinafter to be referred to as the ‘Act of 1894’ for short) is also a subject matter of challenge.

2. It is the case of the petitioners that by virtue of the consent award passed by the Special Land Acquisition Officer in case of 18 other similarly situated land owners, as compared to awarding them compensation of Rs.66/- per square meter, the petitioners have been deprived of compensation on the same lines by declaring an award dated 10.10.2013 fixing an amount of Rs.29.47 per square meter of non-irrigated land

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