PATEL KANTIBHAI HARGOVINDBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this petition the petitioners have sought the direction against the respondents authorities directing them to issue notification u/S. 48 of the Land Acquisition Act, 1894 (for short 'the Act') by invoking the provisions of Article 226 of the Constitution of India.

(2.) The petitioners are the sons of deceased Patel Kantibhai Hargovindbhai, who died on 14/10/2000. One brother of petitioners - Kirtanbhai Kantibhai is residing in United States. Though he is not available at present in India, he is supporting the petitioners as per the contentions of the petitioners. The power of attorney holder Bhupendra Bhagwanbhai was also the power of attorney of deceased Patel Kantibhai Hargovindbhai and he has filed Special Civil Application No. 3756 of 2001 before this Court after the death of Kantibhai Hargovindbhai, but he was under the impression that as he is the power of attorney holder, the petition can be filed on behalf of deceased person. The petitioners have also therefore, contended that the petition filed by the power of attorney holder on behalf of the dead person, Special Civil Application No. 3756 of 2001 was a nullity and, therefore, they are entitled to file this writ petition.

(3.) The respondent authority issued a notification u/S. 4 of the Act on 30/10/1997. It is the contention of the petitioners that they have not been served with the said notification. Notification u/S. 6 of the Act was followed on 22/10/1998. It is also the contention of the petitioners that the copy of the said notification was also not served on the petitioners.