PARSHOTTAM JADAVJI JENI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal, by certificate granted by the High Court of Gujarat under Article 132 and Article 133 (l) (c) of the Constitution of India, is directed against its judgment and order dismissing the present appellant's petition under Article 226 of the Constitution.

(2.) The appellant is the owner of Survey Nos. 219/1 and 121 situated on the outskirts of Mahuva in Bhavnagar District. By notification dated April 25, 1969, issued under Section 4 of the Land Acquisition Act, 1894, the State Government declared that the above-mentioned lands were needed for the public purpose of construction of an Industrial Estate by the Gujarat Industrial Development Corporation or were likely to be needed for that purpose. On May, 3, 1969 a notice was issued to the appellant by S. O. Collector, Officer on Special Duty, Land Acquisition, informing the appellant that if he had any objection to the acquisition of the lands, he might file objections on or before August 16, 1969. He was further informed that the Officer will hear him or his Counsel at the time of filing the objections. The appellant filed his objections. He took various points, but we are only concerned with one. He pointed out that the Gujarat Industrial Development Corporation

(3.) It appears that hearing was fixed for September 18, 1969; this date was extended from time to time till November 18, 1969. The appellant did not appear on these dates nor did he apply for any extension of time. His written objections dated August 17/18, 1969 and dated September 18, 1969 were considered and included in the report, under Section 5-A, to the Government.