PATEL RAMESHBHAI MANILAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this petition, the petitioner has prayed to the respondents to issue Section 4 Notification of the acquisition of the land bearing Survey No.488 and 496 admeasuring 6423 sq.mtres of Village, Mithadharva, Taluka -Chansma, District -Patan within a stipulated time.

(2.) WE have heard learned advocates appearing for the parties and perused the material available on record. The petitioner's land was acquired by respondent -ONGC under Section 35 of the Land Acquisition Act for temporary basis of 3 years in the year 1988 on rental basis being Serial No.488 and 496 of Village - Mithadharva, Taluka -Chansma, District -Patan vide L.A.Q.Case No.187/88. Thereafter the respondent No.2 has continued unauthorizedly from 1988 to 2011 without permanent acquisition and/or for returning the land to the petitioner and hence filed Special Civil Application No.12698 of 2011 before this Court for permanent acquisition and/or for return of the land in which the respondent No.2 had made a statement that is acquiring permanently vide letter dated 25.11.2011 and hence, the matter being SCA No.12698 of 2011 was withdrawn but no any order for issuance of Section 4 Notification was issued by respondent No.1 and hence, preferred the Special Civil Application No. 12389 of 2012 for direction to acquire the land and to issue Section 4 notification, wherein this Court on 07.11.2012 has passed the following order :

(3.) THEREAFTER , the petitioner preferred Misc. Civil Application No.1553 of 2013, wherein this Court has passed the following order: