LAWS(GJH)-2021-10-609

SONATA CERAMICA PVT LTD Vs. STATE OF GUJARAT

Decided On October 26, 2021
Sonata Ceramica Pvt Ltd Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) Heard learned senior advocate Mr.Devang Nanavati with learned advocate Mr.Vandan Baxi for Nanavati & Nanavati for the applicant, learned Assistant Government Pleader Mr.Manan Mehta for respondent Nos.1 to 3 and learned advocate Mr.Vikram Thakor for respondent No.4.

(2.) The applicant herein seeks to implead himself as party respondent No.4 in the First Appeal. The further prayer is to stay the operation and implementation of order dtd. 16th February, 2021 as modified by order dtd. 26th February, 2021, whereby respondent No.4 is permitted to withdraw 50% of the amount deposited towards land acquisition compensation. An alternative prayer is advanced seeking to direct respondent No.4 to deposit back 50% of the enhanced compensation, in the event such amount is withdrawn by respondent No.4.

(3.) The applicant herein, not party to the proceedings of First Appeal, which is preferred by the State against the judgment and award of the Reference Court enhancing the compensation in favour of respondent No.4, has come with the case that said respondent No.4 was appointed as Director in the applicant company named Sonata Ceramica Private Limited in the year 2002. The applicant stated that he is also Director of the said company. Respondent No.4 had purchased agricultural land bearing Survey No.270 Paiki 6, old Survey No.220 and 222, admeasuring 9106 Sq. Mtrs. situated at Village Hajipur, Himmatnagar, Sabarkantha, by registered sale deed dtd. 08th October, 2003.