RABARI MERAJBHAI MEGHABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) We have heard Mr. C.L. Soni, learned Counsel appearing for M/s. S.G. Associates for the Petitioner and Ms. Jirga Jhaveri, learned Assistant Government Pleader appearing for the Respondents.

(2.) The Petitioner is owner of the agricultural land bearing Survey No. 156 paiki 1, admeasuring 14 Acres and 26 Gunthas of village Kamod, Taluka Deesa, District Banaskantha. The Petitioner has his bore-well, three houses and constructed portion for care of cattle (Gaman). The said land has been inherited to the Petitioner along with his mother and sister from his father. The Respondents issued a notification under Section 4 of the Land Acquisition Act (for short 'the Act') on 27.02.2009 for acquiring 20 Are & 23 Sq. Mts. of land belonging to the Petitioner of Survey No. 156 Paiki 1 as well as 21 Are & 25 Sq. Mts. of land of Survey No. 155 Paiki 1 for the purpose of construction of road, surrounding the airfield wall in Deesa. The Petitioner challenged the said notification issued under Section 4 of the Act by filing Regular Civil Suit No. 32 of 2009 on 01.04.2009.

(3.) According to the learned Counsel for the Petitioner, this notification dated 27.02.2009 issued under Section 4 of the Act has lapsed as it was not followed by declaration under Section 6 (1) of the Act within a period of one year.