REKHABEN SHASHIKANT GADE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition under Article 226 of the Constitution of India, petitioner has prayed for following reliefs:-

(2.) Background of facts in which present petition is brought before the Court is that petitioner (old member-seller) was possessing C-011 Flat, Anand View Apartment, Near Shahibaug Railway Crossing, Ahmedabad from 1990 till 7/7/2020. She used to pay regular maintenance of flat, paid for installation of new lift to the extent of contribution of Rs.25,000.00, painting of the building at Rs.9,500.00 and stayed there for 17 almost years and tenants had stayed for 12 years (paying regular Rs.100.00 extra in addition to maintenance per month regularly. Said flat was sold by petitioner to one Sachin Chunilal Agrawal- respondent No.4 who became new member- purchaser with a sale deed videography through his Power of Attorney Ram Singh vide document dtd. 7/7/2020.

(3.) It is the case of petitioner that portion of land of society was acquired by Government for its Bullet Train project, Ahmedabad to Mumbai and as such, in view of the provisions of the Land Acquisition Act , petitioner being an old member and owner at a relevant point of time, claimed is legally entitled to fair compensation for her settlement and rehabilitation. It has further been submitted that present possession of flat is with Sachin Chunilal Agrawal (through Power of Attorney Ram Singh), but his name was not found on cut-off date as occupier, hence he was not entitled to receive any amount of compensation and she is entitled to compensation under the provisions of the Act.