Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Online)(Guj) 5169

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SANGEETA K. VISHEN, MOOL CHAND TYAGI, JJ
THE STATE OF GUJARAT – Appellant
Versus
FULABHAI NARANBHAI RADADIYA – Respondent
FIRST APPEAL NO. 2744 of 2024 | FIRST APPEAL NO. 2747 of 2024 | FIRST APPEAL NO. 2746 of 2024 | FIRST APPEAL NO. 2745 of 2024 | FIRST APPEAL NO. 2748 of 2024

Advocates:
For the Appellants/Petitioners: MS FORAM TRIVEDI
For the Respondents: RULE SERVED

Court clarified procedural steps following land acquisition appeals, emphasizing the relevance of prior judgments in similar cases.

Headnote:The judgment addresses issues arising from a series of First Appeals regarding land acquisition for dam construction impacting several villages. Citing prior case F/First Appeal no.4388 of 2019, the court found similarity in facts and applied the previous ruling. The court has decided to call for records and postpone further hearings. Consequently, civil applications were dismissed as not pressed. No order on costs.

Table of Content
1. court determines relevance of previous judgments in present cases. (Para 1)
2. court addressed procedural requests and scheduled future hearings. (Para 2 , 3)
3. civil applications dismissed as not pressed without further costs. (Para 4)

(PER : HONOURABLE MS. JUSTICE SANGEETA K. VISHEN)

Order in First Appeals:

Mr Nitin M. Amin, learned advocate states that the present group of First Appeals, stand covered by the judgment dated 09.05.2025 passed by the co-ordinate Bench in R/Misc. Civil Application (for recall) no.605 of 2025 in F/First Appeal no.4388 of 2019. It is submitted that the lands, have been acquired for the purpose of construction of dam. In all, four villages were involved, including the village Nana Gujariya. It is submitted that the facts are almost identical, so also the evidence and hence, the group of appeals, would be governed by the above-referred judgment of the Division Bench.

2. Mr Nitin M. Amin, learned advocate, makes a request to call for the record & proceedings from the Court concerned and further requests to the Registry, to list the Cross Objections of the claimants.

3. Ms Foram Trivedi, learned Assistant Government Pleader states that she would take instructions. Request is made for a short date.

4. In view of the above, list the matters on 07.07.2025. Registry, is directed to call for the record & proceedings from the Reference Court, so as to reach this Court on or before 04.07.2025.

Order in Civil Applications:

Ms Foram Trivedi, learned Assistant Government Pleader submitted that the entire award amount has been deposited. Besides, 100% disbursement has been allowed by the Reference Court by passing orders dated 28.02.2024. In view thereof, Ms Foram Trivedi, learned Assistant Government Pleader does not press the captioned Civil Applications.

Civil Applications, are disposed of as not pressed. Rule is discharged. No order as to costs.

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