ISHWARLAL PREMCHAND SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Leave granted.

(2.) We have heard the counsel on both sides.

(3.) Notification under Section 4(1) of the Land Acquisition Act 1 of 1894 (for short, the 'Act') was published on August 2, 1984 acquiring the lands situated in village Sarigam, District Bulsar in Gujarat State for industrial purpose. Possession also was taken after dispensing with the enquiry under Section 5-A. It is not necessary to dilate on the proceedings taken earlier under Article 226 of the Constitution. Suffice it to state that there was an agreement between the parties that an award could be made under Section 11(2) of the Act pursuant to which the Land Acquisition Officer on June 4, 1991, made the award in terms of the agreement. The appellant challenged the correctness of the award by filing the writ petition which was dismissed by the High Court by the impugned order dated September 10, 1993. Thus these appeals by special leave.