MAHMADTARIK AKBARALI KHOJA Vs. STATE OF GUAJRAT

JUDGEMENT

(1.) As in both the petitions, common questions arise for consideration, they are being considered simultaneously.

(2.) Short facts of the cases appear to be that on account of heavy earthquake in Bhuj, as there was damage to various properties, respondent No.1 decided to construct D.P. Road for rehabilitation of the residents of Bhuj town. It was inter alia decided to acquire the land under the Land Acquisition Act, 1894 (hereinafter shall be referred as 'the Old Act'). Process was also undertaken to apply urgency clause but the same was not materialized. In the meantime, notification under Section 4 of the Old Act dated 23.2.2004 was published in the newspaper viz. 'Kutch Mitra' on 12.3.2005. Thereafter, notification under Section 6 of the Old Act dated 7.6.2005 was published. Before the order of inquiry under Section 9 and award under Section 11 of the Old Act was passed, the petitioners preferred petitions for challenging the land acquisition proceedings qua the land bearing Survey Nos.3080 and 3081/1 in the first petition and 3081/2 in the second petition of City Survey Ward No.3. In the first petition, being Special Civil Application No.5470 of 2005, this Court vide order dated 29.3.2005 while issuing notice, directed that the respondent authority shall not dispossess the petitioner from the land in question. Similar order also came to be passed in Special Civil Application No.12047 of 2005 on 22.6.2005. The matters have remained pending before this Court and as per the affidavit-in-reply filed on behalf of the Land Acquisition Officer dated 21.7.2014, possession of the land in question has not been taken over. It is undisputed position that after the notification under Section 6, which is stated to have been published on 6.8.2006 and 9.8.2006, no award under Section 11 of the Old Act has been passed by the respondent authority. It is under these circumstances, present petitions have come up for hearing before this Court.

(3.) We have heard learned counsel Mr. Mehul Shah for the petitioners in both the petitions, learned Assistant Government Pleader Mr. Oza for the State authority and Mr. N.J. Shah for respondent- Bhuj Area Development Authority.