SPECIAL LAND ACQUISITION OFFICER Vs. HAJABHAI GOVINDBHAI

JUDGEMENT

(1.) 1. Heard learned advocate for the respondent.

(2.) LEARNED advocate for the respondent in this group of matters invited this Court's attention to the order passed by the Division Bench of this Court on 30.07.2010, which reads as under: "It has been stated that for the same village, in respect of similar acquisition, First Appeals have been admitted being First Appeal No.1920/09 and allied matters on 19.03.2010. Hence, Admit. To be heard First Appeal No.1920/09. As there is no application for interim injunction, it is observed that pendency of this appeal shall not operate as bar to the original claimant for moving for execution and implementation of the Award of the Reference Court. and submitted that other group of First Appeals along with this group of matters were ordered to be heard together as they were governed by the almost identical facts and grounds. The said group of matters being First Appeal No. 1920 of 2009 with allied matters being First Appeal No. 1920 of 2009 to First Appeal No. 1932 of 2009 came to the disposed of by this Court on 21.10.2011, whereunder, the Court partly allowed the appeals and modified the award restricting the claimants' entitlement so far as waste land was concerned.

(3.) THE lands were located near the same village called "Panchpipalva" and they were acquired for project of 'Panchpipalva Tidal Control Scheme'. Therefore, in another group of matters being First Appeal No. 2110 of 2010 to 2124 of 2010, the Division Bench has noted that there exists already an order rendered by the Court in First Appeal No. 1920 of 2009 to First Appeal No. 1932 of 2009 dated 21.10.2011, which would govern the parties contention in that group of matters also and accordingly, the Division Bench of this Court on 4.8.2010 dismissed appeals on the reasoning which reflected in group of matters namely First Appeal No. 1920 of 2009 to First Appeal No. 1932 of 2009. Thus, the similarities are shown in this group and urged that this group of matters be disposed of in light of the Division Bench's observation and there will not be now any further requirement of dwelling in to the aspects elaborately.