The court's decision emphasized the importance of assessing actual damages and providing appropriate compensation, allowing for further legal recourse if aggrieved.

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 compensation is not commensurate thereto.

4. In an order passed in an identical situation namely in SCA No. 13608 of 2021 dated 27.07.2022, the Court observed as under:

“1. Mr. Bhaumik Dholariya, learned advocate appearing on behalf of the petitioners has submitted that in a similar issue with regard to the grant of compensation, the Division Bench of this Court, while examining the issue raised in Writ Petition (PIL) No. 81 of 2021, has passed an order dated 20th September, 2021 by directing the authorities to consider the representation filed by the petitioners and the authorities were directed that each and every person affected by Tauktae Cyclone be given benefits of Government Resolutions dated 18th March, 2021, 23rd May, 2021 and 24th May, 2021.

2. After the issuance of notice and the order passed by this Court on 27th June, 2022, the respondent no. 4 District Development Officer, District Panchayat, Amreli has filed an affidavit by stating thus:

“3. The respondent No. 4 submits that the provisions of Clause 5(4)(g) of said GR dated 27.4.2015 issued by the Revenue Department of the Government of Gujarat were followed by the said team. It is submitted by the concerned villagers relating to damages caused to their properties were examined by the survey team by way of visiting the respective properties and thereafter report was forwarded to the Taluka Development Officer, Savarkundla Taluka Panchayat by such survey team and on that basis the financial aid was sanctioned or denied by TDO. It is submitted that the nature and quantum of financial aid for damages to the properties is provided under said resolution dated 27.4.2015. It is submitted that so far as the issue of damages to the properties and compensation payable is concerned, no aid is to be released in case the damage to the properties is less than 15%. It is further stated that partial aid is to be released in case the damage to the properties are more than 15% while entire amount of compensation is to be paid in case of 100% damage to the properties.

It is submitted that so far as facts relating to the present case are concerned there are in all 99 petitioners before the Honorable Court. It is submitted that in all 21 petitioners were released partial/total relief due to damages to their properties and copy of statement giving details is annexed as Annexure-B. The respondent No. 4 further submits that the survey team has denied such relied to 23 petitioners and a copy of the statement is annexed as Annexure-C. It is humbly stated that 55 petitioners have not submitted the required forms for financial aid due to damages caused to their properties and a copy of statement is annexed as Annexure-D.

The respondent No. 4 submits that in all 21 petitioners out of 99 are paid Rs. 25,000/- due to partial d