SHAILESHBHAI SOMABHAI VASAVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India is filed with the following prayer :-

(2.) Learned Advocate for the petitioner submits that petitioner's name was on the revenue record even on the date of the award and therefore, is entitled for compensation as awarded under the Land Acquisition Act . It is submitted that after the award was passed and the money was deposited, an application for disbursement was filed by the persons in whose favour the award was passed and at this stage, the petitioner had filed an objection claiming that the petitioner is also entitled to apportionment of award. It is further submitted that despite this, the Court has proceeded to order the disbursement and the objection filed by the petitioner came to be rejected by an order dated 04.02.2020. It is submitted that as the name of the petitioner is reflected in the revenue record and the petitioner was entitled to compensation towards acquisition and there were other persons also whose names were reflected in the revenue record but in their capacity as legal heirs of those persons whose name were reflected in the revenue record are ordered to be disbursed with the compensation award.

(3.) Learned Advocate for the petitioner also submitted that the petitioner as and when came to know of the deposit made by the authority towards the award, immediately has raised an objection and therefore, the claim of the petitioner has to be decided even before any disbursement takes place and now that the disbursement as ordered is yet to take place, there is no option available with the petitioner but to file a Writ Petition before this Court.