PATEL ASHOKBHAI PASHABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) We have heard Mr. A.V. Prajapati, learned counsel for the petitioners, Mr. Tirthraj Pandya, learned Assistant Government Pleader for Respondent No.1, 2 and 3 (state authorities).

(2.) By this Petition under Art. 226 of the Constitution of India, the petitioners have prayed for the following reliefs:

(3.) It is the contention of learned Counsel appearing for the petitioners that the land of the present petitioners situated at Village : Shahpur, Taluka & District Gandhinagar have been acquired by the respondents herein for the purpose of development of Gift City and its roads and the award for the same was declared on 24.07.2014 under the provisions of the old Act, i.e. the Land Acquisition Act , 1894. As the Right to Fair Compensation and Transparency in Land Acquisition Rehabiliation and Resettlement Act, 2013 came into force on 01.01.2014, the compensation was awarded under the provisions of the new Act. However, in the Award there is no clear definition about giving multiplier of factor 2, the Land Acquisition Officer, in his award in para 9, specifically stated that in view of the Resolution of the Revenue Department, being Resolution No. LQ/22/2014/519, the multiplier of 1 factor is given for calculating the market value. However, the Government has decided by its another Resolution No. LAQ/22/2014/179/GH dated 29.07.2016 to the multiplier of factor 2 for calculating the market value.