NATWARLAL SHANKERLAL PRAJAPATI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Special Civil Application is preferred by a tenant who is in possession of land bearing survey no.1515/1/3 paiki admeasuring 14.33 sq.mtr. situated in Mansa Town of Mehsana District (now Gandhinagar District). He has challenged the award made by the Land Acquisition Officer on 18.6.99 in L.A.Q.Case no. 5/98 which is annexed to the petition at Annexure `C'.

(2.) The petitioner has contended that though he was heard under Sec. 5-A of the Land Acquisition Act (hereinafter referred to as the Act), notice under Sec. 9(3) was not given. The Collector is required to cause a public notice as contemplated under Sub-sec.1 of Sec. 9, however, Sub-sec.3 of Sec.9 being relevant is reproduced hereunder :

(3.) There is no allegation that the Collector has not issued public notice as contemplated under Sec. 9(1). Even if notice under Sec. 9(1) is published, Sec. 9(3) contemplates that the notice should also be served on the occupier. In the instant case, after following the procedure, according to the Special Land Acquisition Officer, award was made. However, fact remains that notice under Sec. 9(3) was not served. It is under these circumstances, this petition is required to be considered.