MOHANLAL NANABHAI CHOKSY Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioners, by this petition, have challenged the notifications issued under Sections 4 and 6 of the Land Acquisition Act, 1894 (hereinafter referred to as the `Acquisition Act') [Annexure-H and Annexure-J dated 09/02/1990 and 11/02/1991 respectively] and have prayed for issuance of writ of mandamus or appropriate writ directing the respondents not to acquire the lands of the petitioners. The petitioners have also prayed that the action of acquisition is bad in the eye of law and Surat Municipal Corporation [hereinafter referred to as the `Corporation'] has no authority or jurisdiction under law to acquire the lands for any such public purpose [establishment of vegetable market] and the authority under the provisions contained in the Gujarat Agricultural Produce Markets Act, 1963 (hereinafter referred to as the `Produce Act') is the only competent authority to establish market.

(2.) The petitioners are the owners of the lands bearing Survey Nos. 1587 to 1596, 1597-A-Part, 1599 to 1601 of Ward No. 4 of Taluka Choryasi of Surat city. It is the case of the petitioners that the property is fully constructed and occupied by tenants. The petitioners have contended in paragraph - 4.2 of the petition that the acquisition is only with mala fide intention and in colourable exercise of the powers. According to the petitioners, there is no need to acquire the land for the said purpose. The petitioners have relied on news items published in newspapers, copies of which are placed on record at Annexures D and E. As contended by the petitioners, at a distance of 475 mtrs. only, there is existence of Sardar market. For extension of Sardar market, the land was sought to be acquired, for which, a petition was filed in the High Court. It is also pleaded by the petitioners in paragraph - 4.5 that the decision has been taken by the Corporation to shift the said Sardar market and the lands are reserved in the development plan of Surat Urban Development Authority (SUDA) for the purpose of vegetables market. It is also pleaded that the decision is taken to shift the said market on account of congestion and traffic problems. According to the petitioners, there is one Saliya market located at Jhampa Bazar, at a distance of 250 mtrs. from Danapith Vegetable Market and, therefore, there is no need to acquire the lands for vegetable market.

(3.) On behalf of the respondents, Jivanbhai M. Patel, Town Planner of Surat Municipal Corporation, has filed an affidavit on 17/06/1991. He has pointed out that the land in question has been placed under reservation for the purpose of vegetable market in the development plan prepared by SUDA under the provision of the Development Act, which has become final. He has further stated that under Section 17 of the Development Act, the development plan has become final and under Section 20 of the Development Act, the land which is reserved for the public purpose is to be acquired under the Acquisition Act. He has also averred that it is not correct to say that a policy decision has already been taken to shift Sardar market as alleged.