BORICHA MEGHABHAI KANABHAI HETHAWADIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The issue involved in this petition relates to the award having been passed under the Land Acquisition Act , 1894, subsequent to the new Act i.e. the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, coming into force from 1/1/2014. Similar issue having come up for consideration before this Court in Special Civil Application Nos. 3889 of 2022 and 3891 of 2011, which came to be disposed of by order dtd. 28/7/2022 by holding as under : -

(2.) In the instant cases, the award has been passed on 28/3/2014 under sec. 11(2) of the Land Acquisition Act, 1894, subsequent to the new Act coming into force i.e. after 1/1/2014. Hence, the said award would not stand the test of law. For the reasons aforestated, we proceed to pass the following :-