KIKABHAI UKABHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Two petitioners through their power of attorney have filed this petition under Art. 226 of the Constitution of India challenging notifications under Sec. 4 and 6 of the Land Acquisition Act 1894 (the Act for short). Section 4 notification was dated 22 1982 which was gazetted on 12-5-1983 and there was further gazetted notification on 16-8-1983. It is at Annexure E to the Petition. By the said notification lands of the petitioners amongst others were sought to be acquired by the respondent-State of Gujarat they were likely to be needed for a public purpose i.e drainage disposal scheme of the respondent-Municipal Corporation. This notification was followed by notification under Sec. 6 dated 7-2-1986. The said notification is at Annexure F to the petition. In the said notification under Sec. 6 it was provided that Government was pleased to direct under sub-sec. (1) of Sec. 17 of the Act that the Collector shall on expiration of fifteen days from the publication of the notice relating to the said lands under sub-clause (1) of Clause 9 of the Act take possession of all the lands specified in the Government notification mentioned therein. Thereafter notices under Sec. 9 of the Act were issued and ultimately award was passed by the Special land Acquisition officer on 16-1-1989. These acquisition proceedings have been challenged on diverse grounds

(2.) In response to the notice issued at admission stage affidavits- in-reply have been filed by S K. Patel Special Land Acquisition officer Division 4 respondent No 2 herein and also by J. M. Patel Town Planning officer of Surat Municipal Corporation respondent No. 3 herein. The petitioners have also Joined as respondent No. 4 the then Chief Minister Amarsingh Choudhari. But notices at Admission stage were issued to respondents No. 1 to 3 only.

(3.) Mr. S. B. Vakil learned Advocate for the petitioners .raised the following contentions in support of the petition: