CHANDULAL J MARVANIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The lands of the petitioners being Survey Nos.135, 138, 139, 141 and 154 at village Kesiya, Taluka Jodiya, district Jamnagar were subjected to acquisition under the provisions of the Land Acquisition Act, 1894 ('the Act' for sake of brevity), for the purpose of Und-II Irrigation Scheme. The intention to acquire was declared on 08.07.2005 in form of notification under section 4 of the Act. The notification under section 6 of the Act was issued on 06.09.2005. The Awards under section 11 of the Act in respect of two Land Acquisition Cases No.95 of 2003 and 137 of 2003, covering the lands of the petitioners, was declared on 04.01.2006 and 21.02.2006 respectively.

(2.) By filing this petition under Article 226 of the Constitution, the petitioners have prayed to quash the notification dated 06.09.2005 issued under section 6 of the Act. It is also prayed to set aside the Awards dated 04.01.2006 and 21.02.2006 passed in the aforementioned two land acquisition cases.

(3.) According to the petitioners, the total land acquired was 28 mtrs., which was highly excessive compared to the need, as the maximum width required for construction of minor canal for which the acquisition was undertaken, was 6 to 8 mtrs. As a result, the most of the petitioners' land would remain unused. It was the further case that alternative land being available, that land ought to have been acquired and could have been utilized, and their lands could have been spared.