HARIJAN MAFABHAI SADABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE petitioner has filed this petition under Article-226 of the Constitution of India praying for quashing and setting aside communication dated 7.9.2010 refusing to award compensation under Section 28A of the Land Acquisition Act with regard to the petitioner's land bearing Survey No.313 situated in Village : Tejpura, Taluka and District : Mehsana. THE petitioner has also prayed for direction to the respondents to award compensation under Section 28A of the Act to the petitioner with respect to the above land.

(2.) THIS Court has issued notice for final disposal on 17.2.2011. Pursuant to the notice, an affidavit-in-reply is filed by the Special Land Acquisition Officer (Narmada Project) Unit No.1, Mehsana.

(3.) BEING aggrieved by the said order, the petitioner filed Special Civil Application No.23810 of 2005 alongwith other petitioners before this Court. This Court has allowed the said petition on 16.1.2005 and after setting aside the order passed by the Special Land Acquisition Officer, remanded the matter back to him for its consideration on merits, with a direction to examine all the issues involved in the application including limitation and further directed to render decision within three months from the date of receipt of writ of the Court.