JAMSETJEE JEJEEBOY Vs. STATE OF GUJARAT THRO SECRETARY

JUDGEMENT

(1.) THE petitioner by this petition has challenged the award dated 11.4.2012 passed by the respondent No.2 - Special Land Acquisition Officer whereby the land of the petitioner trust has been acquired under the Land Acquisition Act (hereinafter referred to as the Act ).

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

(3.) MR .Kapadia, learned counsel for the petitioner also submitted that, when it is a matter of acquisition of any religious property, the same is required to be given different treatment in comparison to the private property and the said aspect in his submission has not been considered. He submitted that when the State is to take away the property of the citizen, it should be strictly interpreted. In his submission, if the interpretation is not made as publication required within reasonable time, it would be an endless exercise and would frustrate the spirit behind it. Therefore, he submitted that this Court may interfere.