LAWS(GJH)-2022-3-1754

RAVJIBHAI KANABHAI AHIR Vs. STATE OF GUJARAT

Decided On March 09, 2022
Ravjibhai Kanabhai Ahir Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) The present application is fled for the purpose of seeking recall and review of the order dtd. 24/12/2020 passed in Special Civil Application No. 15735 of 2019.

(2.) The applicants, who are the original petitioners of aforestated petition, have fled this review application on the grounds that the possession of the land in question is with them since 100 years, the compensation has not been paid by Gujarat Industrial Development Corporation (GIDC) to the petitioners of the main petition, nor deposited any compensation in the court of law or government treasury. It has further been asserted in this application that the land in question has not been possessed by the GIDC and as such, the order dtd. 24/12/2020 passed by this Court deserves to be recalled. The applicants have further stated in the application that they have neither received any amount of compensation nor the land in question is possessed through due process of law by GIDC and as such, since several other neighbouring lands have been released from acquisition, similar release be made in favour of the petitioners as well or the lands may be re-granted and the representation with respect to them are pending which were fled in the year 2004 and 2007 pursuant to the previous direction of this Court vide order dtd. 7/5/2004, and as such, by mentioning same such contentions, in January, 2021, present review application is fled for recalling or reviewing the order dtd. 24/12/2020.

(3.) Today, when the matter is taken up for hearing, learned advocate Dr. Balram D. Jain, appearing on behalf of the applicants have not remained present and further looking at the order sheet as well, on account of number of occasions, under one pretext or the other, and as such, we deem it proper to take up hearing of the present application since other side advocates are present in the Court with proper instruction when the matter is taken up for hearing.