RATUBHAI JESANGBHAI VANOL Vs. EXECUTIVE ENGINEER & OTHERS

JUDGEMENT

(1.) We have heard learned advocate Mr. Nirav Sanghavi for the petitioner, learned AGP Mr. Chintan Dave appearing for respondent Nos. 1 and 2 and learned advocate Ms. Maya Desai appearing for respondent No. 3.

(2.) Special Land Acquisition Officer has passed award on 9.4.2012 under Section 11(2) of the Land Acquisition Act stating therein that the petitioner has consented to the award. The award has been challenged by the petitioner before this Court stating that he has never consented for the award and there is no documentary evidence available on the record to demonstrate that the petitioner has clearly consented to the award under Section 11(2) of the Act. Affidavit in reply has been filed and it has not been disputed by the respondents that there is no material available on record which can demonstrate that the petitioner has given consent for the award. Therefore, we are of the opinion that the award made by the Special Land Acquisition Officer under Section 11(2) of the Act on 9.4.2012 is illegal and cannot bind the petitioner and deserves to be quashed and set aside qua the petitioner. Similar view has been taken by this Court in Shivabhai Vajabhai Vanol v. Executive Engineer and others decided on 9.1.2015 in Special Civil Application No. 12469 of 2014 wherein at paragraph Nos. 10, 11 and 12, the Court has held as follows :

(3.) In view of the aforesaid judgment and for the reasons assigned by us, the award dated 9.4.2012 passed by the Special Land Acquisition Officer under Section 11(2) of the Land Acquisition Act is quashed so far as the petitioner is concerned and the matter is remanded to the Special Land Acquisition Officer for fresh consideration and making award under Section 11(1) of the Act, 1894. Direct service is permitted.