RABARI BHURABHAI RATNABHAI Vs. SPECIAL LAND ACQUISITIION OFFICER

JUDGEMENT

(1.) Rule. Learned counsel appearing for respondents waives service. Matter was taken up for final hearing at the request of learned counsel of both the sides.

(2.) Upon issuance of notice, respondent no. 3 has filed his affidavit-in-reply and inter alia denied the averment of the petitioner that the land in question was sold to the petitioner by a registered sale deed; instead it is alleged in the affidavit-in-reply that the petitioner has fabricated and concocted the document of sale deed dated 21.05.1981. Thus, petitioner's claim for apportionment of any amount in his favour by the Special Land Acquisition Officer in Compensation Case No. 13 of 1995 in respect of the land bearing Survey No. 284, which was acquired, is based upon facts, which are in serious dispute.

(3.) It was however submitted by learned advocate Mr. Prajapati that latest letter dated 10.06.2010 of the Special Land Acquisition Officer (Narmada Scheme) Unit 1, Patan is clearly based upon the impression that land was purchased by the petitioner after the proceedings for acquisition thereof was initiated. He insisted that document of sale of the land in question by respondent no. 3 to the petitioner was originally dated 21.05.1981 and its copy was obtained on 07.04.2007; and the petitioner propose to obtain photocopy of the original document for consideration by the special Land Acquisition Officer.