HIMANSHU JASWANTLAL THAKKER Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner is seeking for the following reliefs:

(2.) We have heard Mr. Vikram J. Thakor, learned counsel appearing for the petitioner, Mr. Chintan Dave, learned AGP appearing for the respondent No.1-State and Mr. Anuj K. Trivedi, learned counsel appearing for the respondent No.3. Perused the records.

(3.) Petitioner herein claiming right, title and interest over the property bearing plot No.236 situated at Village Shaher-kotda, Taluka Maninagar to an extent of 1160 sq.mtrs. had initially sought for declaring the action of the respondents as illegal, unjust, improper and irrational on the premise that the land has not been acquired under the provisions of Right to Fair Compensation and Transparency in Acquisition, Rehabilitation and Resettlement Act, 2013 ("the Act" for short) and, as such, had sought for an order of restraint to the respondents from interfering with his right, title, ownership and possession over the said land. Subsequently, after notice being issued, the respondents having appeared and having filed their statement of reply contending inter alia that said land had been acquired in accordance with law and award has been passed. Prayer (CC) referred to hereinabove came to be incorporated under which, petitioner has sought for payment of 75% of the total amount of compensation determined under the award dtd. 1/10/2020 (Annexure-L/2).