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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SUNITA AGARWAL, CJ, D.N. RAY
Bholabhai Ramjibhai Patel HUF – Appellant
Versus
State of Gujarat – Respondent
| Table of Content |
|---|
| 1. dispute over land compensation (Para 1 , 2) |
| 2. reliefs sought by original owners (Para 3 , 4 , 5 , 6) |
| 3. claims of transferees regarding compensation (Para 10 , 11 , 12 , 16 , 22) |
| 4. rejection of objections regarding compensation (Para 18 , 19 , 20 , 21 , 36) |
| 5. rights to compensation tied to proper ownership (Para 28 , 30 , 39 , 40) |
| 6. final judgment on entitlement to compensation (Para 31 , 42 , 44) |
ORDER :
1. Heard Mr. Pushpadatta Vyas, learned advocate for the petitioners, Mr. Sanjay Udhwani, learned Assistant Government Pleader appearing for the State – respondents and Mr. B.S. Patel, learned Senior Advocate assisted by Mr. Umang H. Oza appearing for the respondent nos. 3 and 4 and perused the record.
2. The above referred two connected writ petitions are pertaining to a dispute of disbursement of compensation to the rightful owner of the agricultural land bearing Revenue Survey No.528/5 (Block No.961) at Village Sherkhi, District Vadodara (admeasuring 1-10-29 hectares), which was subject matter of the sale deed bearing No.9272 dated 15.09.2005 registered with the office of the Sale Registrar, Vadodara – Gorwa.
Special Civil Application No. 9666 of 2019:-
3. The Writ
The competent authority must consider all claims and provide hearings to all relevant parties before disbursing compensation; failure to do so renders such disbursements illegal.
Disbursement of compensation under contested land ownership violates statutory provisions; authorities must ensure compliance amidst ongoing litigation involving ownership disputes.
The main legal point established in the judgment is that when complicated questions arise as regards entitlement and apportionment of compensation, the Collector should make a reference to the Court ....
when the suit is pending before the competent Civil Court, the rights can be crystallized only by the competent Civil Court not by this Court under Article 226 of the Constitution of India
when there is a dispute between rival claimants, though not they appeared before the Acquisition Officer, still, they can claim compensation awarded under the Award.
Subsequent purchasers of land can only claim compensation based on their vendors' titles and cannot challenge acquisition proceedings initiated under different statutes.
The main legal point established in the judgment is that subsequent Judgments and Orders from the Civil Courts, which have declared a party as the owner and in possession of the acquired property, ca....
Section 24 of the Right to Compensation Act does not apply to acquisitions initiated under the West Bengal Requisition and Acquisition Act; subsequent purchasers can only claim compensation based on ....
The principles of estoppel and res judicata are based on public policy and justice. Doctrine of res judicata is often treated as a branch of law of estoppel though these two doctrines differ in some ....
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