CHANDRAKANT CHHOTALAL GANDHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioners are the owners of city Survey Nos. 1559 1560 1561 1562 1563 1564 1565 1567 and 1574 Part situate in Kalupur Ward in the city of Ahmedabad. Some of these survey numbers had superstructures standing on them. On 30th May 1957 the Government of Bombay issued a notification under sec. 4 of the Land Acquisition Act for the acquisition of these lands. The public purpose which was stated in the notification was that they were required for a municipal play ground. On 13th March 1955 notification under sec. 6 was issued Land Acquisition Officer made award of compensation on 30th June 1960. There after there was a reference to the City Civil Court at Ahmedabad under sec. 18 of the Act. The City Civil Court enhanced the compensation awarded by the Land Acquisition Officer. The award made by the City Civil Court at Ahmedabad was challenged by the State Government in this High Court. This Court allowed the appeal and modified the award. On 11th October 1960 and 12th November 1962 the State Government took possession of the lands in question except that of survey Nos. 1559 1560 1561 1562 and 1565 part. The possession of the above noted survey numbers could not be taken because tenants occupying those survey numbers filed suits in the City Civil Court at Ahmedabad which were ultimately dismissed by the Court. Thereafter writ petitions were filed in this Court by the tenants. However those writ petitions were ultimately withdrawn. Thereafter the State Government of 5th February 1977 made an order withdrawing from the acquisition of the aforesaid survey numbers of which possession was not taken. On 19th February 1977 that notification was published.

(2.) It is that notification which is challenged in this petition.

(3.) The first question which has been raised by Mr. Shah who appears on behalf of the petitioners is that under sec. 48 of the Land Acquisition Act 1894 the State Government cannot withdraw from acquisition of the aforesaid survey numbers of which possession has not been taken. Sub sec. (1) of sec. 48 provides as follows:-