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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
MRS. JUSTICE SUNITA AGARWAL, CJ, MR.JUSTICE D.N.RAY, J
DECD. AMRUTBHAI MOHANDAS PATEL THROUGH LEGAL HEIRS & ORS. – Appellant
Versus
STATE OF GUJARAT & ORS. – Respondent
| Table of Content |
|---|
| 1. failure to record proper ownership in land records affects compensation rights. (Para 1 , 2 , 3 , 4) |
| 2. pending proceedings do not guarantee entitlement to compensation. (Para 5 , 6) |
| 3. court cannot mandate compensation under misrepresented facts. (Para 7 , 8) |
| 4. petition dismissed for being misconceived. (Para 9) |
(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)
1. The present petition has been filed with the prayer to issue directions to the respondent No.2 to make payment of compensation to the petitioners for the land bearing Survey No.105 admeasuring Hec – 00-77-90 Are of Village Bhagapura, Taluka Detroj – Rampura, District Ahmedabad.
2. The contention in the writ petition is that the predecessor-in-interest of the petitioner namely the father of the petitioner had purchased the land in question vide registered sale deed dated 19.01.1976, however, the pencil mutation entry No.704 dated 15.04.1983 of the said registered sale deed came to be rejected on the ground that the transaction was in breach of the provisions of the Bombay Prevention of Fragmentation and Consolidation of Holdings Act , 1947.
3. The statement in the writ petition is that the sai
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