HIRALAL BALCHANDAS PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This matter was kept for vacating ad interim relief granted by this Court, but at the request of the learned Advocate of the parties, particularly at the request of the learned Advocate for the petitioner, it was finally heard as he submitted that by vacating ad interim relief the purpose of filing this petition would be frustrated. In paragraph 15 of the petition the petitioners have prayed as under :

(2.) It is the contention of the petitioners that in the purported exercise of the power under Sec. 4 of the Land Acquisition Act the respondents issued Notifications dated 26/04/1989 which are annexed with the petition as Annexure 'B' to the petition collectively by which different lands belonging to the petitioners and other persons were sought to be acquired for " construction of Depot for storage and distribution of petroleum products of 1.0.C.". Thereafter the respondents issued notification under Sec. 6 dated 18/07/1989 which is produced at Annexure 'C' to the petition. The petitioners have challenged the aforesaid notifications on the following grounds :

(3.) At the time of hearing of this matter, as no affidavit-in-reply was filed on behalf of the respondent State Government, Mr. Mangukia, learned Assistant Government, Pleader, has produced for our perusal the entire record of the land acquisition proceedings.