DISTRICT DEVELOPMENT OFFICER Vs. GEV DINSHAJI VESUNA

JUDGEMENT

(1.) ADMIT. Mr.Hardik Dave, learned advocate waives service of notice of admission on behalf of respondent Nos.1, 2, 3 & 4. Ms.Shruti Pathak, learned Assistant Government Pleader waives service of notice of admission on behalf of respondent Nos.5, 6 & 7.

(2.) By way of the present appeal under Clause 15 of the Letters Patent, the appellants - District Development Officer and Taluka Development Officer have challenged an oral judgement dtd. 21/12/2021 passed by the learned Single Judge in captioned petition, by which, learned Single Judge has accepted the petition and quashed and set aside the original order passed by the Deputy Collector and confirmed by District Collector as well as Secretary (Appeals) and has quashed and set aside the entry mutated in the revenue record qua the disputed land in the name of the appellants.

(3.) It is the case of the appellants that the land was acquired under the provisions of the Land Acquisition Act ,1894, after proper procedure. An additional affidavit has been filed by the appellants on 10/02/2022 and has produced documents with regard to issuance of Notices under Ss. 4 and 6 of the Land Acquisition Act and has declared his intention to acquire the land of the appellants for establishing Primary Health Center and therefore, entries were mutated. 3. Mr.Kamal Trivedi, learned Advocate General with Mr.Hemant Munshaw, learned advocate appearing for the appellants would submit that these documents could be collected from the Vidhan Sabha itself and shall also try to find out further documents with regard to the acquisition and the amount of compensation, if paid to the original owner of the property. Therefore, he would submit that the appeal may be admitted and an appropriate order may be passed.