AMBUBHAI NARANBHAI PATEL Vs. COMPETENT AUTHORITY

JUDGEMENT

(1.) Heard learned advocate Mr. A.J. Yagnik for the petitioner, leaned advocate Mr. Nanavaty for the respondent Nos. 1 and 3, and learned Government Pleader Ms. Manisha Lavkumar for the respondent Nos. 2 and 4.

(2.) Learned advocate for the petitioner and respondent Nos. 1 and 3 have submitted their joint notes on the issues on which there is no dispute and broad consensus and accordingly urged the Court to dispose of these matters on the lines. The same is taken on record. The contents of the said notes is required to be noted hereunder and which reads as under:

(3.) During the pendency of the present petitions a coordinate bench of this Hon'ble Court in Special Civil Application No. 8734 of 2019 and other cognate matters by a common judgment and order dated 12.09.2019 has quashed and set aside resolution dated 10.11.2016 of the respondent State of Gujarat whereby instead of factor 2.00 to be applied for villages for determination of compensation, factor 1.00 was directed to be made applicable for determination of compensation to be calculated under Section 26 of the RFCTLARR Act, 2013 and more particularly under Schedule I of the very Act to the Village which fall within Urban Development Area or considered part of Area Development Authority. The resolution dated 10.11.2016 was held to be ultra vires, illegal and unconstitutional in the context of Gujarat RFCTLARR Rules, 2017 and the Act of 2013 as amended by the State of Gujarat.