MULCHAND KHANUMAL KHATRI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The judgment and order dated December 26, 2002 passed by the Gujarat High Court is under challenge in this Appeal by special leave.

(2.) The appellant claims to be joint owner of the land being Survey No. 11430 admeasuring 34 sq. mtr. at Palanpur, Gujarat. On April 1, 1980, a notification was issued under Section 4 of the Land Acquisition Act, 1894 (for short, the Act ) that proposed acquisition of the appellant s land and some other land for the public purpose, namely, construction of Palanpur City and taluka Police Station. The said notification was published in the Government Gazette on January 8, 1981. Later on, Section 4 notification was revised and published in the Official Gazette on September 22, 1983. The declaration under Section 6 was published on January 5, 1984. The appellant challenged the acquisition of his land through the above notifications in a Special Civil Application before the Gujarat High Court. An interim relief in the above matter was granted on April 18, 1984.

(3.) The Act was amended on September 24, 1984 by the Land Acquisition (Amendment) Act, 1984 (for short, 'the Amendment Act') whereby Section 11A was brought in the statute book.