DOLUBHA GAGUBHA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition, the petitioners have prayed for quashing and setting aside order dtd. 1/10/2021 passed in Reference Case No.57 of 2003 passed by the 3rd Additional Principal Senior Civil Judge, Rajkot whereby the learned Judge deferred hearing of the application preferred by the petitioners for disbursement of the amount of compensation on the ground that the appeal against the order passed in reference case is pending before this Court.

(2.) Heard Ms. Shaili Shah, learned advocate for Mr. G.M.Amin, learned advocate for the petitioners and Mr. Nikunj Kanara, learned AGP for the State respondents.

(3.) It is the case of the petitioners that the petitioners are owners of the land which has been acquired for Dondi Irrigation Scheme for which in the year 1995 notification under Sec. 4 of the Land Acquisition Act, 1894 (for short, 'the Act') was published and notification under Sec. 6 of the Act was published in the year 1996 and ultimately on 24/12/1998 the Deputy Collector, Land Acquisition and Rehabilitation (Irrigation), Rajkot declared the award under Sec. 11 of the Act awarding compensation of Rs.4.00 per square meter for non- irrigated land and Rs.6.00 per square meter for irrigated land below Land Acquisition Case No.6 of 1995.