DIWAN USMANSHA GULZARSHA Vs. COMPETENT AUTHORITY

JUDGEMENT

(1.) We have heard Mr. Y.V.Vaghela, learned counsel appearing for the petitioner, Mr.Dharmesh Devnani, learned Assistant Government Pleader for respondent No.1, Mr. Maulik Nanavati, learned counsel for respondent No.2 and Mr.Devang Vyas, learned Additional Solicitor General for respondent No.3.

(2.) By this petition under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs:

(3.) It is the contention of learned counsel appearing for the petitioner that the petitioner is agriculturist and is holding total agricultural land admeasuring 0/28/33 Ha. Ra. Sq. Mtr., bearing survey No.378 within the ceiling limits of Village: Samiyala, Taluka & District: Vadodara, which was notified for acquisition by respondent No.2- NHAI for the public purpose namely for construction of Vadodara-Mumbai Express Way and he was cultivating the said lands and was dependent upon the same for his livelihood. It is further contended that said land is situated in a rural area falling within the limits of Village Samiyala, Taluka & District: Vadodara and it does not fall under limits of any transitional area Smaller Urban Area or Larger Urban Area as defined under Article 243Q (2) and if not part of any area falling within the limits of any Urban Local Body. Hence, he has prayed for suitable compensation being awarded to him.