LILABEHN MAHENDRA KAPADIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule Mr. R.M. Chhaya learned Assistant Government Pleader waives service of rule on behalf of respondents No. 1 2 and 3 i.e. State of Gujarat Collector Surat and the Deputy Collector Choryasi Prant Surat respectively Mr. B.B. Naik learned Additional Central Government Standing Counsel waives service of rule on behalf of respondent No. 4 i.e. Union of India With the consent of and at the request of learned Counsels appearing for the parties the petition is ordered to be heard today.

(2.) Petitioner claims to be a member of legal profession However the petition is in respect of land acquisition proceedings initiated by respondents Nos. 1 2 and 3 by notification under Section 4 of the Land Acquisition Act 1894 (hereinafter referred to as the Act ) dated 7/12/1989 The acquisition-proceedings started with the publication of the aforesaid notification culminated into award dated 30/12/1992 a copy of which is produced at Annexure F to the petition Petitioner has challenged the legality and validity of Section 4 notification dated 7/12/1989 and published in a daily newspaper called Gujarat Mitra dated 27/11/1989 and that of declaration under Section 6 of the Act dated 1/12/1990 and also that of the award dated 30/12/1990 Petitioner has also prayed that the respondents be directed not to give effect to the impugned award dated 30/12/1992

(3.) By notification dated 7/12/1989 issued under Section 4 of the Act the appropriate Government declared the intention of the Government to acquire different pieces of land of village Abhva and of her three surrounding villages of Taluka Choryasi District Surat These were in all 42 survey numbers admeasuring 40 acres - 14 gunthas which were to be acquired for the public purpose of expansion of Surat Ail port covered by the notification As stated at the Bar this notification affected about 117 persons The petitioner claims to have interest in land of Survey Nos. 192 193 and 197/1 of village Abhva Taluka Choryasi District Surat After the publication of the aforesaid notification the appropriate Officer submitted report under Section 5A of the Act to the State Government. The State Government considered the report and thereafter issued declaration dated 1/12/1990 under Section 6 of the Act. Thereafter notice dated 6/03/1991 under Section 9 of the Act was issued to the interested person as required under the provisions of Section 9 of the Act.