DESAIBHAI SOMABHAI Vs. EXECUTIVE ENGINEER

JUDGEMENT

(1.) Rule. Service of rule is waived by Mr. A.D. Oza for the respondents. The applicants have approached this Court seeking clarification of the judgment rendered in group of aforesaid First Appeals, dated 22/7/1997 by this Court [Coram : J.N. Bhatt and H.R. Shelat, JJ.]. The applicants have prayed that this Court may clarify that all the claimants in the aforesaid First Appeals are entitled to receive and the opponents are liable to pay to them the amount of solatium u/S. 23 (2) of the Land Acquisition Act (for short 'the Act') on the enhanced amount of market value which has been fixed at the rate of Rs.53.00 per sq. mtr. and further that the claimants are also entitled to receive the statutory benefits available to them by virtue of operation of Section 23 (1-A) of the Act.

(2.) Some relevant facts which are absolutely essential for deciding this application can be stated in brief as follows :-

(3.) In view of the aforesaid observation made by the Apex Court i.e. "it would be open for the petitioners to approach the High Court, if they so desire," this Misc. Civil Application has come to be filed before this Court seeking clarification of the judgment of this Court dated 22/07/1997. In the Review Application the applicants have contended that under the statute the applicants are required to have the solatium and other statutory benefits by virtue of provisions of section 23 and 23 (1-A) of the Act and the same cannot be denied to them by the Court. With regard to the observations made by this Court, particularly in para. 8 of its judgment, the applicants have contended that it was merely a slip of pen and the Court could not have really intended to deny the benefits which were otherwise available to the applicants under the Act. Upon issuance of Rule, the otherside has appeared and has contested the application vehemently.