MANSUKHBHAI NANJIBHAI KAMANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition by one individual petitioner is also for and on behalf of 16 other persons mentioned in Annexure "A" to the petition and the Court-fees have been paid accordingly.

(2.) The petitioner challenges the land acquisition proceedings for the purpose of Thebi Irrigation Scheme. The lands are of village Baxipur. A similar challenge by another land holder under the same Notification came to be dismissed by this Bench on 10-3-1993 in Special Civil Application No. 9571 of 1992. According to the learned Advocate for the petitioner, that judgment does not deal with all the questions raised in the present petition.

(3.) As far as the first contention that no declaration under Sec. 6 could have been issued after issuance of the Sec. 9 notice, is concerned, that question has been squarely decided in the aforesaid judgment. However, the learned Counsel for the petitioner submitted that in that judgment, an aspect is not considered that Sec. 6 declaration is one declaration and there cannot be the same declaration again and again, once before Sec. 9 notice and another after Sec. 9 notice. The argument is fallacious because under Sec. 9, even if the declaration is one, it is required to be published in different manners and more than one time. Therefore, once a declaration is made, it is a declaration and when it is published again, it does not cease to be a declaration nor is it incomplete merely because one declaration is made and other declarations are not yet made. As far as the declaration is concerned, it is complete as soon as it is signed and made under Sec. 6(1) of the Act. Therefore, this argument has no merit.