MADHUKANTABEN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mrs. Nisha M. Parikh, learned advocate waives service of notice of rule for the contesting respondent No. 4.1, who is the only contesting respondent so far as decision of this petition is concerned. Mr. Akash K. Chhaya, learned AGP waives service of notice of rule for and on behalf of respondent - State.

(2.) This petition under Article 227 of the Constitution of India filed by the petitioner - Madhukantaben D/o Somabhai Shankarbhai Patel, challenging the order passed by Principal Senior Civil Judge, Viramgam dtd. 10/6/2019 rendered in Execution Application No. 4 of 2017, under application Exhibit-24 tendered by the petitioner claiming her share to the extent of 50% towards the compensation awarded for the properties acquired by the acquiring authority, which belonged to her father.

(3.) From the petition, it appears that certain parcels of agricultural land belonging to the father of the petitioner - Somabhai Shankarbhai Patel, came to be acquired, for which he preferred reference before the competent Court for enhancement of the compensation awarded by the land acquisition officer, which was ultimately registered on transfer from other Court as Land Acquisition Case No. 22 of 2008 in the Court of Principal Senior Civil Judge, Ahmedabad (Rural) at Viramgam. However, during the pendency of the reference case, since the original claimant i.e. father of the applicant died on 25/2/2000, the respondent No. 4.1 herein, who is real brother of the petitioner, looking after the reference proceedings, applied along with present petitioner to be brought on record of that reference case as heirs and legal representatives of the claimant - Somabhai Shankarbhai Patel, without any objection.