LAXMIBEN RATILAL PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) 0 As common question of law and facts arise in these group of petitions, they are decided and disposed of by this common judgment and order.

(2.) 0 By way of these petitions under Article 226 of the Constitution of India petitioners herein have prayed for the following reliefs;

(3.) It is the case on behalf of the petitioners that so far as petitioner No. 3 is concerned, his brother, who was also the co-owner of the lands acquired submitted the Reference Application under Section 18 of the Land Acquisition Act and the Reference was made to the concerned District Court, Kheda at Nadiad, which was numbered as Land Acquisition Case No.283/2001 and by the judgment and order dated 16/01/2017 the learned Reference Court partly allowed the said Reference and awarded compensation at the rate of Rs.110/- per sq meter. It is submitted that therefore with respect to another lands acquired under the said notification under Section 4 of the Land Acquisition Act the petitioners shall also be entitled to the amount of compensation under Section 28A of the Land Acquisition Act as per the judgment and award passed by the learned Reference Court dated 16/01/2017 in Land Acquisition Case No.283/2001. It is submitted that therefore the appropriate Authority has materially erred in rejecting the application/applications of the petitioners for redetermination of the compensation under Section 28A of the Land Acquisition Act, which was claimed on the basis of the judgment and award passed by the learned Reference Court in Land Acquisition Case No.283/2001 dated 16/01/2017, which was with respect to the lands acquired under the very Notification under Section 4 of the Land Acquisition Act, and therefore, it is requested to admit/allow the present petition.