ZUBEDABEN KEJARBHAI GULAMHUSENWALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned counsels appearing for the parties and perused the record.

(2.) The petitioner claims to be the owner having interest in the property in question, on the basis of a sale deed dtd. 20/11/2006. It is stated in the writ petition that the petitioner had purchased the land-in-question by the aforesaid registered sale deed from Ganpatbhai and others, who are impleaded as private respondent Nos.6 to 31 herein. It is submitted that the name of the petitioner was mutated in the revenue record by way of a provisional / kachcha entry No.3525 dtd. 2/12/2006. However, the said kachcha entry was later cancelled on technical ground that the copy of Village Form No.7/12 was not submitted within prescribed time limit. In March 2008 and again on 20/12/2012, the petitioner had applied for N.A. permission. After inquiry, the name of the petitioner was entered in the revenue record by Mutation Entry No.3603 dtd. 7/10/2008. In the meantime, notification dtd. 25/3/2008 under Sec. 4 of the Land Acquisition Act, 1984 (in short as ' LA Act ') had been issued. The petitioner moved objection under Sec. 5A of LA Act with regard to the notification under Sec. 4 of the Land Acquisition Act which was ultimately decided and the notification under Sec. 6 of LA Act was issued on 23/6/2009. The award dtd. 23/2/2011 has been declared.

(3.) The contention is that in the award, the name of the original owner had been entered, though at various stages of the proceedings prior to making of the award, it had come the knowledge of the revenue authorities that the land-in-question was sold to the petitioner. The contention is that the said fact was also brought to the knowledge of the Special Land Acquisition Officer and the revenue authorities while making the application under Sec. 5A of the LA Act. The submission is that with the declaration of the award dtd. 23/2/2011 in the name of the original owners, the petitioner is deprived his right to seek disbursement of compensation though the land in question to transfer in his name by way of a registered sale deed, much prior to the acquisition.