GUJARAT HOMOEOPATHIC SOCIETY Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner is a society registered under the Societies' Registration Act, 1860, and it is also registered under the Bombay Public Trusts Act, 1950. According to the petitioner it runs Homoeopathic Medical College and Hospital at Anand. The petitioner prays that the respondent authorities be directed to finalise the land acquisition proceedings in connection with the acquisition of the land for the hospital of the petitioner-Society which was initiated pursuant to notification dated 10/06/1982 issued under Sec. 4 of the Land Acquisition Act, 1894 (for short "the Act"), It is also prayed that the respondent authorities be directed to issue notification under Sec. 6 of the Act pursuant to the notification under Sec. 4 dated 10/06/1982.

(2.) The petitioner is registered as Society under the appropriate provisions of the Act some time in the year 1971. Earlier in the year 1971 the petitioner applied to the Government for acquiring land for the petitioner-Society. The Government issued notification under Sec. 4 of the Act on 24/07/1977. However, for a period of three years no actions were taken pursuant to the notification. Therefore, the notification lapsed. Thereafter by notification dated 10/06/1982 issued under Sec. 4 of the Act the Government declared its intention to acquire the following lands of village Anand, district Kheda. Survey No. Approximatearea S. No. 2299 Sq.m. T. P. Scheme No. 2 3100-68-75 F. P. No. 673 S. No. 2299 1329-46-25 T. P. Scheme No. 2 F. P. No. 682 S. No. 1456/2 359-60-00 T. P. Scheme No. 2 F. P. No. 682/1 After publication of the aforesaid notification, it appears that interested parties submitted their objections. The Government considered the objections and took decision not to issue declaration under Sec. 6 of the Act. This decision is reflected in letter dated 30/11/1983 written by the Government to the Collector, Kheda. The letter is produced at Annexure 'H' to the petition. As disclosed in the letter, after careful consideration the Government had decided not to make declaration under Sec. 6 of the Act. Therefore, the Collector, Kheda, was asked to cancel the notification under Sec. 4 of the Act.

(3.) Thereafter, before the notification under Sec. 4 of the Act was cancelled, the petitioner approached this Court on February 16, 1984 and prayed the reliefs as stated hereinabove. This Court admitted the petition on 4/07/1984. However, before this date, on 2/03/1984 this Court had passed the following order "Ad-interim relief against cancellation of Sec 4 notification." It is an admitted position that this ad-interim relief has continued to be in operation till today.