LEGAL HEIRS OF MAGANBHAI ISHWARBHAI PATEL CHANDUBHAI MAGANBHAI PATEL Vs. DEPUTY COLLECTOR AND SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) In the facts of the case and with request and consent of the parties through their respective learned advocates, the petition was taken up for final hearing.

(2.) The petitioner has prayed to set aside the order dated 16.9.2020 passed by the Deputy Collector & Special Land Acquisition Officer, Karjan Yojana, Unit No.1, Rajpipla. By the said order, the respondent has rejected the application of the petitioner under section 28-A of the Land Acquisition Act, 1894 on the ground that that notification under section 4 covering the lands of the petitioner was issued prior to coming into force section 28-A of the Act, that is prior to 24.9.1984.

(3.) The land belonging to the petitioner was survey No. 341 admeasuring 2 Hecter 71 Are and 52 sq. mtrs. situated at village Padvaniya, Taluka Jhagadiya, District Bharuch which came to be acquired for Karan Irrigation Yojana for which notification under section 4 and section 6 came to be published on 21.7.1983 and on 4.7.1984 respectively. The Land Acquisition Officer declared award No. 50 of 1982 under section 11 of the Act on 16.8.1986,