LAWS(GJH)-2020-2-358

PRAVINKUMAR RANCHHODBHAI PATEL Vs. STATE OF GUJARAT

Decided On February 04, 2020
Pravinkumar Ranchhodbhai Patel Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) Both these petitions under Article 226 of the Constitution of India raise identical questions of law and are based upon almost similar facts and circumstances. As per the request of learned advocates appearing for the respective parties, the Court has taken them up conjointly for the ultimate outcome.

(2.) Since the similar is the issue raised before us, we have treated Special Civil Application No.17964 of 2019 as the lead matter to take the facts from. The outcome will govern the other attached petition.

(3.) The background facts giving rise to the present litigation are that the petitioners held their respective portion of land, possession whereof was taken over by the respondent authorities during the period from 2004 to 2006. The lands were required for the purpose of construction of Narmada Canal, which has been set up and is operative as on date. The present petition has been filed mainly on the premise that the respondent authorities have failed to pass an award as required under Section 11 of the Land Acquisition Act or as per the provisions of the New Act, 2013. Resultantly, the proceedings lapsed in the year 2012 and by not passing an order at the relevant point of time, the authorities have deprived the petitioners of their legitimate right of seeking fair compensation for the acquired land. The petitioners originally approached this Court by way of a petition inter alia praying for the following as a main relief:-