Gujarat High Court
Ashokbhai Somabhai Patel vs State Of Gujarat on 7 July, 2026
Author: Sunita Agarwal
Bench: Sunita Agarwal
NEUTRAL CITATION
C/SCA/26526/2022 JUDGMENT DATED: 07/07/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 26526 of 2022
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ASHOKBHAI SOMABHAI PATEL
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MEHUL A SURATI(7870) for the Petitioner(s) No. 1
MS. HETAL PATEL, ASSISTANT GOVERNMENT PLEADER for the
Respondent(s) No. 1,2
MR. MANISH R. BHATT, SENIOR ADVOCATE for M R BHATT & CO.(5953)
for the Respondent(s) No. 3
MUNJAAL M BHATT(8283) for the Respondent(s) No. 3
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CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE
SUNITA AGARWAL
and
HONOURABLE MR.JUSTICE D.N.RAY
Date : 07/07/2026
ORAL JUDGMENT
(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA
AGARWAL)
1. Heard Mr. Manish Bhatt, learned Senior Advocate
assisted by Mr. Munjaal M. Bhatt, learned counsel on behalf
of the respondent no. 3. Ms. Hetal Patel, learned Assistant
Government Pleader appearing for the respondent – State.
2. No one has put in appearance to press the present
petition. On the last date fixed, there was a sick note of the
learned advocate for the petitioner and repeated sick notes of
the learned advocate for the petitioner have been noted in
the order dated 23.06.2026.
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NEUTRAL CITATION
C/SCA/26526/2022 JUDGMENT DATED: 07/07/2026
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3. Be that as it may, the present petition has been filed
seeking a writ of mandamus commanding the respondents to
pay interest on the delayed disbursement of the
compensation amount under the award dated 28.02.2019
declared by the Land Acquisition Officer concerned. As noted
in the order dated 16.06.2026, from the affidavit filed on
behalf of the respondent – acquiring body, passed in the
presence of the learned counsel for the petitioner, the
compensation amount had been deposited by the acquiring
body namely Indian Oil Corporation Ltd. (IOC) vide five
demand drafts dated 14.03.2019 aggregating to
Rs. 2,25,37,84,061/- drawn in favour of the Special Land
Acquisition Officer, Unit-1, Vadodara. The amount deposited
by the acquiring body was also credited into the official bank
account of the Special Land Acquisition Officer on
18.03.2019.
4. The possession of the land in question was handed over
to the acquiring body namely Indian Oil Corporation
Ltd./respondent no. 3 on 13.12.2019. The compensation has
been disbursed by the Special Land Acquisition Officer to the
petitioners on 11.03.2020. It can thus, be seen that the
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NEUTRAL CITATION
C/SCA/26526/2022 JUDGMENT DATED: 07/07/2026
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acquiring body had deposited the compensation amount with
the Special Land Acquisition Officer within a reasonable time
as per section 38(1) of the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013
5. It is further stated in the affidavit dated 01.08.2023 filed
on behalf of the Special Land Acquisition Officer that the
office of the Special Land Acquisition Officer intimated the
petitioner on 29.06.2019 qua the award dated 28.02.2019
and in pursuance thereof, the petitioner was required to
produce the necessary details, as indicated in the
communication dated 29.06.2019 itself. The documents were
submitted by the Co-land owners on 21.08.2019, 11.09.2019,
11.10.2019 and 29.01.2020. After processing of the
application of the petitioner as well as the co-owners of the
land in question, the compensation amount has been paid to
the land owner on 11.03.2020.
6. From the averments made in the affidavit filed on behalf
of the Special Land Acquisition Officer, it is evident that
there are various co-owners of the land in question and
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NEUTRAL CITATION
C/SCA/26526/2022 JUDGMENT DATED: 07/07/2026
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except one, namely the petitioner herein, no one has come
forward to submit that there has been a delay in
disbursement of the compensation. The averments made in
the affidavits dated 01.08.2023 and 20.06.2026 of the Special
Land Acquisition Officer have not been contradicted by the
petitioner by filing any rejoinder affidavit, so far.
7. Taking note of the above, we do not find it a fit case for
the issuance of the mandamus as prayed for, as no delay is
found at the ends of the acquiring body or the competent
authority in disbursement of compensation to the
landowners. The present petition is accordingly, dismissed
being misconceived, in the absence of the learned counsel for
the petitioner who remained absent today.
(SUNITA AGARWAL, CJ )
(D.N.RAY,J)
VARSHA DESAI
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