ZAVERCHAND POPATLAL SUMERIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is a petition under Art. 226 of the Constitution of India, challenging the acquisition of land in villages Padana and Meghpar in Jamnagar District, under the provisions of the Land Acquisition Act, 1894 (for short "the said Act"), for M/s. Reliance Petroleum Ltd. (Respondent No. 4).

(2.) Briefly, stated, the facts are that the petitioners allege that they are agriculturists having land at the aforesaid villages Padana and Meghpar. It appears that M/s. Reliance Industries Ltd. has made an application before the Collector, Jamnagar District, to the effect that it needs land for setting up a refinery in Jamnagar District.

(3.) It appears that the Collector, Jamnagar made certain inquiries and measurements of some lands were taken. On 22-1-1993, an agreement was entered into between Reliance Industries Ltd., and/or Reliance Refineries Pvt. Ltd., under Sec. 41 of the said Act. According to the terms of this agreement, the company was directed to pay Rs. 2.10 crores. According to the petitioners, on 28-1-1993, the Collector sent the proposal to the State Government for approval for acquisition of the land. It seems that on 2-2-1993, the Assistant Collector was appointed as the Collector for the land acquisition proceedings, for the benefit of Respondent No. 4, and after the approval of the sub-committee of the Government was obtained, on 11-3-1993, the Notification dated 15-3-1993 was issued under Sec. 4 of the said Act.