DHARMENDRA JAMNADAS SHAH Vs. PREMLATABEN

JUDGEMENT

(1.) THIS Letters Patent Appeal has been preferred challenging order dated 27th August, 2007, passed by the learned Single Judge of this Court, in Special Civil Application No. 20703 of 2007, by which order, the learned Single Judge of this Court has directed the Special Land Acquisition Officer to make an award indicating the apportionment of the compensation observing that the petitioners therein are entitled to receive 18. 10% of the total compensation that may be awarded under the land acquisition proceedings in respect of the lands in question.

(2.) SPECIAL Civil Application No. 20703 of 2007 was preferred by one Mahendrakumar Parshottambhai Desai (who later died and his legal heirs, respondents Nos. 1/1 to 1/8 have been impleaded), seeking declaration that they are entitled to receive 18. 10% of the total compensation for the lands under acquisition, on the plea that a decree was passed to that effect, which was ultimately confirmed by the Apex Court.

(3.) THE learned Single Judge, after hearing all the parties, passed the following order:-". . . . . . It clearly appears that there is no dispute that the petitioner is entitled to receive 18. 10% of the total compensation which may be awarded to the owners of the land under acquisition. Hence, respondent No. 2 is directed to make award indicating the apportionment of the compensation and observe that the petitioner will be entitled to receive 18. 10% of the total compensation that may be awarded under the Land Acquisition proceedings, in respect of this lands in question. "