DEVISANG RATANSANG Vs. STATE OF GUJARAT THRO SECRETARY

JUDGEMENT

(1.) THE petitioners have preferred the present petition for seeking appropriate writ to declare that the method of taking over the possession of the land and thereafter not to issue notification and not to make payment of compensation to the land losers as illegal and it is also prayed by the petitioner to direct the respondents to make payment of compensation of the acquired land of Rs.8,25,40,000/.

(2.) WE have heard Mr.Gandhi, learned counsel for the petitioners and Mr. Patel, learned AGP for the respondents.

(3.) MR .Gandhi did concede to the position that the compensation has been paid by the R & B Division to Ghumansinh in the name of Ghumansinh Devisang of Rs.2304 in the case no.157/91. However, he submitted that so far as the other part of compensation stated to have been paid to Devisang Ratansang of Rs.1689.60 on 13.12.1991 for the land bearing Survey Nos.905 and 906 is concerned, Devisang had no bank account whatsoever during his lifetime and therefore, it cannot be accepted that any compensation was paid to the said person. It was submitted that as due process of law has not been followed for acquisition of the land and to pay the compensation, the petitioners are justified in approaching before this Court and this Court may interfere.