C/SCA/16642/2024 ORDER DATED: 11/12/2024
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 16642 of 2024
========================================================== ANILBHAI CHHOTUBHAI DESAI & ANR.
Versus
STATE OF GUJARAT & ORS.
========================================================== Appearance:
MR KUNAL S SHAH(5282) for the Petitioner(s) No. 1,2 MR AAKASH GUPTA, LD.AGP for the Respondent(s) No. 1 MR KAUSHAL D PANDYA(2905) for the Respondent(s) No. 2,3 ==========================================================
CORAM:HONOURABLE MRS. JUSTICE MAUNA M. BHATT
Date : 11/12/2024
ORAL ORDER
1. This petition is filed challenging the communication dated 23.05.2024 of respondent No.3 - Executive Engineer, South Zone-B, Surat at Annexure "F".
2. Heard learned advocate Mr.Kunal Shah for the petitioners. Learned Advocate submitted that the petitioners are owners of the land bearing Survey No.26/1/B and 26/1/A situated at Village: Pali, Udhna, Surat (hereinafter referred to as "the subject land"). In this case pursuant to preparation of the Draft Town Planning Scheme No.34 (Pali-Sachin-Kansad) on 30.07.2013, the subject land of the petitioners, was proposed to be taken for the purpose of the Town Planning scheme.
3. Learned advocate submitted that 7/12 extract justifies ownership of subject land by the petitioners. In the subject land, there are more than 71 mango trees, which are fully
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grown and more than 30 years old. The petitioners earn handsome amount form the sale proceeds of mangoes. Since the land belongs to petitioners has been taken for development of the T.P. Scheme, he would be entitled for appropriate compensation for the trees. Learned advocate submitted that the petitioners would be entitled to alternative land for the land they own however, their representation seeking compensation for standing mango trees, has not been considered. Learned advocate submitted that in the communication dated 23.05.2023, the issue of compensation to be paid to the petitioners for standing mango trees has not been considered therefore, the present petition is filed. Further, for the grievance of compensation to be paid for mango trees, the petitioners have made representation dated 28.05.2024 Annexure "-H" and the same is pending adjudication. Learned advocate submitted that, if their representation dated 28.05.2024 is considered, their grievance would get redressed.
4. On the other hand, learned advocate Mr.Kaushal Pandya appeared for the respondents on advance copy being served and submitted that there is no dispute to the fact that the subject land is in ownership of the present petitioners and there are standing mango trees over the land. In respect to grievance of compensation to be paid for mango trees, learned advocate submitted that as per required procedure, the
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authority will assess the compensation by taking help of expert on the subject and appropriate decision will be taken thereafter. Learned advocate pointed out that the said stage is yet not reached and therefore the communication dated 23.05.2024 was addressed. The claim of the petitioners for payment of compensation cannot be considered before assessment. Once the appropriate assessment is done the request of the petitioners shall be considered. He fairly submitted that till the representation of the petitioners dated 28.05.2024 is decided, the order dated 23.05.2024 would not be implemented.
5. Considering the above submissions on behalf of the respondents, and noticing that for payment of compensation appropriate assessment will be done with the help of the expert, the respondents are directed to decide the representation of the petitioners dated 28.05.2024 in accordance with law. Till the decision is taken on the representation, the order dated 23.05.2024 shall not be implemented. This Court has not gone into merits of the case and it is open for the respondents to decide the representation in accordance with law. With this, the present petition stands disposed of.
(MAUNA M. BHATT,J)
DIPTI PATEL...
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