SPECIAL LAND ACQUISITION OFFICER Vs. SIPAI HUSAINBHAI LALABHAI

JUDGEMENT

(1.) At the outset, learned advocates appearing for the respective parties have submitted that the present first appeal is left out from the group, which is already decided by this Court vide judgment dtd. 11/4/2023 passed in First Appeal No.1316 of 2015 and allied matters. It is submitted that the present first appeal may be disposed of in terms of the aforesaid judgment.

(2.) In the present first appeal, we have noticed that the acquisition of the lands pertain to the Village Agod, Taluka Kadi, District Mehsana and Sec. 4 notification of the Land Acquisition Act , 1894 (for short "the Act") has been issued on 10/6/2011, whereas Sec. 6 notification under the Act is issued on 17/12/2011.

(3.) In the judgment dtd. 11/4/2023 passed in First Appeal No.1316 of 2015 and allied matters, it is noticed by us that for the acquisition of the land of village is the very same village by the same acquiring body. The notification under Sec. 4 of the Act was published on 31/1/2011 and Sec. 6 notification of the Act was published on 31/3/2012. Thus, it would be very minuscule difference between two acquisition land. By the judgment dtd. 11/4/2023 passed in First Appeal No.1316 of 2015 and allied matters, this Court has held thus:-