PATEL VIRCHANDBHAI MADABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Petitioner has filed this petition challenging the decision of the Land Acquisition Officer and Deputy Collector Patan rejecting his application to withdraw notice issued under Section 9 of the Land Acquisition Act (`Act for short) on the ground that the acquisition proceedings had lapsed.

(2.) Petitioner was occupant of land bearing survey Nos.864 and 867 of village Samalpati and Matarwadi in Patan Taluka of Mehsana District. Notification under Section 4 of the Act was issued on 22/04/1987 to acquire the said land for the campus of North Gujarat University. Notification under Section 6 of the Act for the acquisition of the land was issued on 12/05/1988 Notice under Section 9(1) of the Act was issued on 24/05/1988 Petitioner challenged the acquisition of his said land by filing petition being Special Civil Application No. 2774 of 1988 in this court. Division Bench of this court while issuing notice pending admission on the said petition on 3/06/1988 granted ad interim relief in the following terms : -

(3.) It is submitted that under Section 11A of the Act the Land Acquisition Officer is required to make award under Section 11 within a period of two years from the date of the publication of the declaration under Section 6 of the Act and if no award is made within that period the entire proceedings for acquisition of the land would lapse. According to the petitioner since notification under Section 6 of the Act was published on 12/05/1988 period of two years expired on 11/05/1990 The Land Acquisition Officer was required to make award under Section 11 of the Act on or before May 11 1990 The Land Acquisition Officer however did not make award before that date and consequently the entire proceedings for acquisition of the petitioners aforesaid land have lapsed. In this view of the matter the petitioner made application dated 7/06/1990 to the Land Acquisition Officer and Deputy Collector Patan to withdraw the notice issued by him under Section 9(1) of the Act on the ground that the entire proceedings for acquisition of the land have lapsed. The Land Acquisition Officer however by his order dated 8/06/1990 rejected this application. The petitioner has therefore approached this court by way of this petition under Article 226 of the Constitution.