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BIREN VAISHNAV
PATEL BHARATBHAI GANESHJI – Appellant
Versus
STATE OF GUJARAT – Respondent
JUDGMENT :
BIREN VAISHNAV, J.
1. Rule returnable forthwith. Ms. Shrunjal Shah, learned Assistant Government Pleader waives service of notice of rule on behalf of respondent Nos. 1 to 4 while Mr. H.S. Munshaw, learned advocate waives service of notice of rule on behalf of respondent Nos. 5 to 9.
2. With consent of the learned advocates appearing for the respective parties, the matter is taken up for final hearing today.
3. In this petition, under Article 226 of the Constitution of India, the petitioners who are agriculturists of Village Chotpa, Taluka Tharad, District Banaskantha have approached this Court for additional compensation or compensation as the case may be for having suffered due to heavy rainfall that occurred in the western part of the District Banaskantha between 26th July, 2015 and 29th July, 2015. It is their case that their lands were submerged in water and the crops were washed out. The State Government came out with the Scheme for monetary compensation in accordance with the Resolution dated 27.4.2015 as well as 15.7.2015. According to the petitioners, the assessment of damages was not being paid in accordance with the damage suffered by the petitioners and the compe
The court's decision emphasized the importance of assessing actual damages and providing appropriate compensation, allowing for further legal recourse if aggrieved.
The court's decision emphasized the need for the authorities to assess the damage and consider the petitioners' entitlement in accordance with the relevant Government Resolutions.
Compensation claims by cyclone victims require adherence to procedural fairness and accurate inquiry assessments to validate the withdrawal of disbursed funds.
Judicial review of administrative decisions requires deference to established factual findings unless clearly erroneous or unsupported by evidence.
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