PATEL JASRAJ AMARSHIBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioners are the owners of lands at Village Haripar of Dhrangadhra Taluka being survey nos. 240, 241, 242/1, 242/1, 243, 244, 248, 249, 251 and 203 which were being cultivated by the petitioners.

(2.) By the impugned notification issued under section 4 of the Land Acquisition Act, 1894 (for short, 'the Act') read with section 17(4) of the Act was issued on 06.04.2010. In this petition the petitioners have challenged the notification under section 4 of the Act by which urgency clause has been invoked.

(3.) It is not disputed that the notification under section 4(1) of the Act was issued on 06.04.2010 and declaration under section 6 (1) was published in the gazette on 29.04.2001 read with section 17(1) of the Act. A notice under section 9 was issued on 25.05.2010 and objections were invited by the Deputy Collector dated 17.06.2010. The main ground of challenge of the petitioners is that earlier the lands of the petitioners were acquired for the construction of four lane road on Viramgam-Malvan-Dhrangadhra- Halvad- Malia road by issuance of notification under section 4(1) of the Act on 02.04.2008 by invoking urgency clause and after two years the present notification under section 4(1) has been issued on 06.04.2010 for acquiring adjacent patch of the land for the same purpose. According to the petitioners, there is no urgency for acquiring the land by invoking urgency clause under section 17(4) of the Act and objection under section 5-A was required to be invited. It is further stated that in the notification it has been mentioned that land is acquired for construction of four lane road whereas the authorities are intending to construct over-bridge which is not mentioned in the notification.