SUMITRABEN SINGABHAI GAMIT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Appeal has been filed challenging the impugned judgment and final order dtd. 21/8/2024 passed by the High Court of Gujarat in R/Special Civil Application No. 20392 of 2023.

(2.) Ms. Aastha Mehta, learned counsel for the Appellant stated that the High Court had erroneously held that the date for determination of market value of yet to be acquired He-0/11/41 sq. meters land of Survey No.119 shall be 1/1/2014 i.e., the date of commencement of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as the 'RFCTLARR Act, 2013') instead of the date on which acquisition notification is issued as prescribed in proviso to Sec. 26(1) of the RFCTLARR Act, 2013.

(3.) She stated that the Appellant is the owner of Revenue Block No.119 (new Revenue Block No.126), situated at village Moje Sarkuva, Taluka Vyara, District Tapi, measuring He-0/36/87 sq. meters (total area). She further stated that out of this land, an area measuring He-0/17/84 sq. meters had been acquired earlier for the purpose of constructing the Ukai High Level Cantor Canal. She, however, emphasised that an additional portion of He-0/11/41 sq. meters had been utilized without carrying out any acquisition proceeding or payment of compensation.