LAWS(GJH)-2019-7-154

SAMA JAMAJI MALUJI Vs. STATE OF GUJARAT

Decided On July 23, 2019
Sama Jamaji Maluji Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) The present petitions under Article 226 of the Constitution of India have been filed seeking issuance of a writ of mandamus or a writ of certiorari in the nature of mandamus or any other appropriate writ, order or direction, directing the Respondents to implement the Award (Annexure A) passed U/S 11(2) of the Land Acquisition Act, 1894 by paying difference of amount alongwith interest @18% p.a. from the date of award till payment to which the petitioners are entitled to as per new Jantri for their land bearing Survey Nos. 229/2, 229/3, 226/P2, 229/1, 224, 236, 232, 235, 237 of village Nandasar, Taluka Rapar, District Kutch which has been acquired for the purpose of Canal under Narmada Yojana.

(2.) The facts in brief are as under:

(3.) Ms. Manisha Rs.Shah, learned Government Pleader appearing for the respondent is not in a position to dispute these assertions. In fact she has made a statement that in accordance with condition no. 10 of the consent award by which the petitioners were assured that as and when the jantri price is finalised the difference of the compensation will be paid, such an exercise will be carried out in the case of the petitioners.