PRABHABEN LAKHABHAI SAGPARIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is a wholly misconceived petition filed by 38 persons through their power of attorney, raising a dispute with regard to acquisition proceedings for construction of Rajkot Airport, which as per own contention in the writ petition was commenced in the year 1959 with the issuance of acquisition notification dtd. 30/6/1959.

(2.) In the writ petition, it is stated that the land bearing Survey No. 485/2 admeasuring 19 acre and 14 gunthas situated at Raiyya Road Rajkot, Village Rajkot, Taluka Rajkot, District Rajkot (hereinafter referred to as 'the land in question' for short) was granted to one Hansrajbhai Devabhai Sagpariya by the then State of Rajkot, in the year 1936 for agricultural purposes. The revenue entry No. 827 with regard to the name of the aforesaid person was duly made and the land in question remained in the ownership and possession of the said person. In the year 1959, certain land was acquired for Runway of Rajkot Airport vide notifications dtd. 30/6/1959 and 9/2/1960. It is contended in the writ petition that the petitioners through their Advocate applied for copies of both the above mentioned notifications under the Right to Information Act but the same have not been provided to the writ petitioners till date.

(3.) It is further stated that the land in Survey No. 485/2 belonging to Hansrajbhai Devabhai Sagpariya was never acquired vide the above referred two notifications nor any compensation has been paid though adjoining land was acquired. Thus, the land in question was illegally utilized for the purpose of construction of Rajkot Airport without adopting due process of law.