DEVESHBHAI NAVINCHANDRA PATEL Vs. COLLECTOR VADODARA AND OTHERS

JUDGEMENT

(1.) We have heard Mr. Chirag B. Patel, learned counsel for the petitioners and Mr.Vandan Baxi, learned AGP for the respondents.

(2.) A short question of law that arises in this writ-petition is whether after coming into force of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 w.e.f. 1.1.2014 notifications under Sections 4 and 6 of the Land Acquisition Act, 1894 could be issued.

(3.) Brief facts necessary for disposal of this writ-petition are that the petitioners are landholders/farmers of Survey No. 14 paikee 1 admeasuring 5 Acres, 35 Are and 28 Square Meters situated in village Khakhariya, Taluka-Savli, District-Vadodara. The said land has come in the name of the petitioners from their ancestors. All the petitioners are co-owners of the aforesaid land. Earlier, the respondents sought to acquire the land of the petitioners for construction of State Highway by issuing notification under Section 4 of the Land Acquisition Act, 1894 on 6.9.2012. Thereafter, no proceedings were undertaken by the respondents under the provisions of Sections 5 and 6 of the Land Acquisition Act, 1894 and the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 which came into force on 1.1.2014.