RUPSANGBHAI VIRAMBHAI Vs. STATE OF GUJARAT AND OTHERS

JUDGEMENT

(1.) RULE . Mr. Rakesh Patel, learned AGP waives service of notice of Rule for respondent Nos. 1, 2 and 4. Mr. Karia, learned Counsel appears for respondent No. 3.

(2.) AS such, the facts are not in dispute, inasmuch as the acquisition of the land, the award passed by the Special Land Acquisition Officer, the Reference made to the District Court for additional compensation, the judgment of this Court in First Appeal and also the factum of dismissal of SLP by the Apex Court. It is an undisputed position that the ultimate compensation held and found to be payable is at Rs.20/ - per sq. mtr., being additional compensation and the interest from the date of taking over of the possession until the amount is paid or deposited. The judgment of this Court in First Appeal Nos. 2671 of 2006 to 2681 of 2006 dated 5.7.2007 in the case of Malabhai Harjibhai v. Special Land Acquisition Officer and Anr., is produced at Annexure -A.

(3.) WHEN the Apex Court has already confirmed the order passed by this Court and has not interfered with the compensation fixed and finalized by this Court, there is no reason for the acquisition authority to withhold the amount of compensation.