RUPABEN Vs. ADDITIONAL SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India is filed by the petitioners seeking direction to the District Court, Mirzapur, Ahmedabad for accepting the second set of reference application made to the Court in connection with land acquisition proceedings.

(2.) Learned advocate for the petitioners submitted that the land belonging to the petitioners were part of the acquisition and qua which references were made under Sec. 18 of the Land Acquisition Act and a communication dtd. 17/9/2010 was addressed by the Special Land Acquisition to the Clerk of the Court, Ahmedabad Rural so as to undertake the further proceedings for the reference. Learned advocate submitted that despite this being fact, the case of the petitioners for their reference was not being considered and communication dtd. 15/12/2021 (Annexure-D) raises a question with regard to the very communication dtd. 17/9/2010 to the extent that the said reference communication was whether received and if received under whose signature, the same has been accepted at the District Court.

(3.) In view of the aforesaid, learned advocate for the petitioners submitted that the petitioners have reason to believe that the entire record in the District Court with connection to their references not available and therefore, has prayed for submitting a fresh documents to complete the record of the District Court.