ABDUL RAZAAK MOHMDBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) All these three petitions raise a common question, and hence are disposed of by a common judgment.

(2.) Shorts facts of the case, as it emerges from the respective petition, are as follows: Notification under the provisions of section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act), the copy of which is produced at Annexure 'A', came to be published on 16.4.1987 for acquisition of certain land, to be precise, Ward No.10, City Survey No.2099, 2507 Paiki admeasuring 210 H.-70A.-47 Sq. Mtr and 44 H.-41 A.-25 Sq Mtr. both situated at Chorasi in Surat City, for the purpose of Open Space for Surat Municipal Corporation. The petitioner lodged his objection on 16.9.1987, vide Annexure 'B', interalia stating that he was occupying ground floor premises in the area sought to be acquired; That the premises was hired on rent by the petitioner as well as one Abdul Sattar Noormohammed, who was the only partner with the petitioner; That after retirement of Abdul Sattar from the partnership, the petitioner is carrying on business at the aforesaid place as the owner. It is further submitted that the properties are situated in the residential and business localities; That there is no need for the Surat Municipal Corporation to have any open space. Thereafter, the Government published notification under section 6 of the Act on 16th June 1988 for acquisition of the aforesaid lands, the copy of which is produced at Annexure 'C'. SPECIAL CIVIL APPLICATION NO. 4549/88 The petitioners of this petition have contended in the petition that their father was the tenant of the premises bearing Nondh No. 2587 of Ward No.10 which consisted of a ground floor and terrace, and the same was being used for residential purposes. After the death of their father, they have become tenants and are paying rent to the landlord. The notifications challenged in this petition are also the same notification referred to hereinabove which is the subject matter of Spl. C.A. No. 4069/88. The petitioners have placed on record copies of the notifications at Annexure 'A' and 'C' and the objection dated 17.9.1987 filed by petitioner at Annexures 'C'. SPECIAL CIVIL APPLICATION NO. 6589/88. The petitioners of this petition have contended in the petition that the petitioner No.1 is a tenant and is carrying on business in the rented premises since about 20 years. It is contended that they are in occupation of a very small area for their shop and factory premises. It is contended that the said premises is hardly creating any obstacle to the vehicular traffic. From the tenor of the petition it appears that the petitioner is occupying a premises situated at Ward No.5. On 16.4.1987, a notification under section 4 was published for acquiring city survey No. 1742 and 1744 of Ward No.5 admeasuring 98.H-66.A-33 Sq. Mtr and 198.H-98.A-22 Sq. Mtr. situated in Choryasi, Surat City. The petitioners submitted their objection on 11.1.1988. The Government thereafter published notification under section 6 of the Act. The petitioners have placed on record copies of the notifications at Annexure 'A' and 'C' and the objection dated 11.1.1988 filed by petitioner at Annexures 'C'.

(3.) In all the aforesaid matters, by the aforesaid notifications published under section 4 of the Act, public at large were informed that the lands specified in the Schedule to the notification needed for a public purpose, i.e. open space, were to be acquired for the Surat Municipal Corporation. All persons interested in the said lands were, therefore, warned not to obstruct or interfere with any Surveyors or persons employed upon the said lands for the purpose of the said acquisition. It was also conveyed that any contracts for the disposal of the said lands by sale, lease, mortgage, assignment, exchange or other wise or any outlay or improvement made therein without the sanction of the appropriate authority after the date of the notification will be disregarded by the officer assessing compensation for such parts of the lands when finally acquired.