YUSUF ISMAIL JASAT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) LEARNED advocate Mr.N.A.Shaikh has sought adjournment on 28.11.2013 to move a draft amendment and the matter was kept today on 02.12.2013. Learned advocate mentioned the matter and requested that papers of the civil application moved for amendment may be called for. The papers of C.A. No.12737 of 2013 are received from the Registry.

(2.) LEARNED advocate Mr.M.M.Saiyed appears for respondent No.6, i.e. Abdul Samad Mohmad Jasat. During the course of discussion, it transpired that this Abdul Samad Mohmad Jasat is the son -in -law of the petitioner and it was in his favour that a power -of -attorney was executed by the petitioner and respondent No.6 acted on that power -of - attorney. The power -of -attorney entered into an agreement with the company to hand over the land in question and to receive compensation.

(3.) LEARNED advocate for the petitioner did make available for perusal a communication dated 16.11.2013 issued by the Gujarat Industries Power Company Ltd. to one Ibrahim Ismail Jasat. On enquiry, it is learnt that he happens to be brother of the petitioner - Yusuf Ismail Jasat. That communication states that, on deposit of the money paid by way of compensation, the land acquired will stand released in favour of the owner of the land. Learned advocate for the petitioner places this communication on record in support of his contention that acquisition has failed and, therefore, this petition is required to be allowed and the Gujarat Industries Power Company Ltd. is required to be directed to release the land of the petitioner. Learned advocate Mr.Nanavati appears for respondents No.4 & 5 and states that the Company is not disputing the fact that acquisition has failed. The learned advocate for respondents No.4 & 5 submitted that if the petitioner deposits the amount paid by way of compensation, the Company is ready and willing to release the land of the petitioner.