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2022 Supreme(Guj) 812

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
ARAVIND KUMAR, A.J.SHASTRI, JJ.
Savitaben Mangalbhai Parmar – Appellant
Versus
State Of Gujarat – Respondent
R/Special Civil Application No. 4139 of 2021
Decided on : 20-07-2022

Advocates appeared:
Girish M.Das, K.M.Antani, Advocates

Headnote:

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – Section 31 – Compensation – Bullet Train Project – Non-entertainment of petition – Law for redressal – Petitioners have prayed reliefs – Held, Court notice that these things which are stated by way of grievance have occurred prior to couple of years and petitioners were quite aware about fact of such mischief which may be played by respondent and his family members and though petitioners were aware about this fact right as evident from record, what steps except filing of this petition, during passage of two years, are taken, not disclosed before Court – Disposed of.

JUDGMENT :

ASHUTOSH J.SHASTRI, J.

1. By way of this petition, petitioners have prayed for following reliefs:-

    (A) Your Lordships be pleased to direct Respondent No 2 Collector and 3 Syndicate Bank to follow strictly the procedure as provided under Sec.31(2)(b) of RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013 and be pleased to direct that the award amount proportionate, be deposited in personal Bank Accounts of respective Petitioners as provided in Para 9 n) in this Petition in the interest of justice.

(B) Pending hearing and final disposal of this Petition Your Lordships be pleased to direct the Respondent No. 2 and 3 to clarify as to what is status about remaining 20% compensation Amount WHETHER it has been deposited in Bank Account No.71122250010439 of Syndicate Bank which has been opened for this purpose only where earlier 80% amount was deposited

(C) Your Lordships be pleased to grant any other and further relief/s as may be deemed fit and proper in the fact and circumstances of the case in the interest of justice.

2. The case of the petitioners, in brief, is that pursuant to National Project of Mumbai- Ahmedabad High Speed Rail Corridor, popularly known as 'Bullet Train Project', certain parcel of lands have been acquired for the said purpose and on account of that, present petitioners were also affected and their portion of land came to be acquired (no detail with regard to same is averred in the petition).

3. It is stated in the petition that with respect to said acquisition, sizable amount of compensation was to be distributed amongst real affected persons who lost their lands. But, it is stated in the petition that these petitioners with respondent No.4 have opened up a joint bank account in Syndicate Bank at Bhumel for three beneficiaries, namely petitioner Nos.1 and 2 and respondent No.4. Amount of compensation as per the say of petitioners has been deposited in the said joint account. But then, grievance is that at relevant point of time, officers had collected Aadhar Cards, photographs, consent letter, power of attorney and passbook with respect to petitioners' account and from the averments, it appears that power of attorney by these two petitioners had been given to their close-relative respondent No.4.

4. Petitioners have then submitted that respondent No.4 was permitted to operate joint account and power of attorney has also been executed in his favour and as such, grievance then is that on account of such, respondent No.4 has withdrawn huge amount which has been deposited by acquiring body, i.e. respondent, in the said joint account. Grievance is that petitioners are illiterate and taking advantage of such, respondent No.4 has mis-utilized said joint account and though petitioners were having a joint account, with single signature of respondent No.4, huge amount has been withdrawn by respondent No.4. It is the case of petitioners that several representations were made to bank for cautioning against such illegal transaction under the guise of power of attorney by respondent No.4, but no steps were taken and as such, petitioners have come out with an assertion that had respondent authorities cautioned them, such illegality might not have taken place. On 5.3.2020, respondent No.4 was permitted to withdraw two crores of rupees and how Syndicate Bank has permitted the same and though protest has been made, it has been alleged that bank personnel in collusion with respondent No.4 has committed such a fraud with petitioners. In assertion contained in paragraph (f), it has been mentioned that two times, petitioner was permitted to withdraw amount of Rs.10 lakhs, but then has not responded when 20% remaining amount was deposited through RTGS. Sum and substance is that respondent No.4 has defrauded the petitioners under the guise of power of attorney and consent letter and though amount of Rs.2,66,93,281/- was to be distributed equally amongst three beneficiaries, n

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