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2023 Supreme(Guj) 42

ARAVIND KUMAR, ASHUTOSH SHASTRI
Girish Ratilal (Halani) Thakkar for Himself And As Poa Of Rakeshkumar Natvarlal Thakkar – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr N M Kapadia
For the Respondent: Mr.K.M.Antani, AGP, Mr. Alkesh N Shah

JUDGMENT :

ASHUTOSH SHASTRI, J.

1. Petitioner has sought for the following reliefs:

    “26B. YOUR LORDSHIPS be pleased to quash and set aside the Land Acquisition Award dated 04.12.2020 passed by Respondent No.2 in relation to Case No.22/2019 regarding village Bitavaladia (West), Ta. Anjar, Dist. Kutch;

C. YOUR LORDSHIPS be pleased to declare the land acquisition proceedings being Land Acquisition Case No.22/2019 to be illegal and unconstitutional and YOUR LORDSHIPS be further pleased to quash and set aside the same;”

2. Petitioner who claims to be the owner and occupier of land Survey No.190 of Village: Bitavaladia (West), Taluka: Anjar, District: Kutch, admeasuring Hector-Aare-Sq.Mt.1-02-00 i.e. 10,200 sq.mtrs., out of which the area of about 2612 sq.mtrs. has been acquired, has challenged the award passed and has sought for quashing the said award. For the purpose of alignment of Nagavaladiya Distributory of Kutch Branch Canal, requisition for land acquisition came to be moved by the Executive Engineer for distributory to supply water. On 5.8.2019, the State Government exempted the project under Section 10A of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabil

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