PATEL NARANBHAI JESANGBHAI Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) THE petitioner has filed this petition under Article 226 of the Constitution of India praying for quashing and setting aside the orders of the respondents dated 16.6.2010 and 28.8.2010 in respect of the application preferred by the petitioner under Section 28A of the Land Acquisition Act. THE petitioner has also prayed for the direction to the respondents for reassessment and reconsideration of the order dated 16.6.2010 and 28.8.2010 whereby the petitioner's application under Section 28A was rejected by the respondents. Lastly the petitioner has prayed for direction to the respondents to award compensation under the Land Acquisition Act by entertaining his application under Section 28A of the Act.

(2.) THIS Court has issued notice on 6.12.2010. Pursuant to the notice an affidavit-in-reply was filed by the Dy. Mamlatdar and Special Land Acquisition Officer on 7.2.2011. The petitioner has filed further affidavit in support of the petition alongwith certain other documents on 7.4.2011.

(3.) THE petitioner thereafter alongwith other applicants preferred applications under Section 28A of the Act for the compensation as awarded to the other claimants/original land owners in the same group of references as decided by the District Court on 13.5.2009. Since no order was passed by the respondent on the said application, the petitioner filed reminder application on 13.4.2010. THE said application was ultimately rejected by the respondent vide his order dated 16.6.2010 holding therein that since the petitioner has purchased the land in question on 24.1.2000 i.e. much after the notification under Section 4 was issued on 20.7.1997 and hence as per the provisions of the Act without prior permission of the competent authority the said land could not be purchased after publication of notification under Section 4 of the Act.