STATE OF GUJARAT Vs. JAYANTIBHAI ISHWARBHAI PATEL

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and order dtd. 31/8/2015 passed by the High Court of Gujarat at Ahmedabad in Special Civil Application No.9740/2012 by which the Division Bench of the High Court of Gujarat has allowed the said writ petition and has declared that the acquisition with respect to the land in question is deemed to have lapsed under Sec. 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as "Act, 2013") as also the judgment and order dtd. 1/4/2016 passed by the High Court of Gujarat in Misc. Civil Application (For Review) No.3036 of 2015 in Special Civil Application No.9740/2012, the State of Gujarat and others have preferred the present appeals.

(2.) The facts leading to the present appeals in nut-shell are as under:

(3.) Ms. Deepanwita Priyanka, learned counsel appearing for the State of Gujarat has vehemently submitted that as such the issue involved in the present appeals viz. Whether in the facts and circumstances of the case, there shall be deemed lapse of acquisition under Sec. 24(2) of the Act, 2013 is now not res integra in view of the decision of the Constitution Bench of this Court in the case of Indore Development Authority Vs. Manoharlal and Ors. reported in (2020) 8 SCC 129.