KANTIBHAI NATHABHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Petitioners have filed this petition under Art. 23,6- of the Constitution of India praying for issuance of a writ, order or direction quashing and setting aside Annexure "C", a notification published in gazette on 9/10/1980 under provisions :contained in the Land Acquisition Act, 1894 (thereinafter referred to as the Act), being notification No. AM-80-937-7-LKI-1477-106-2377- KH, notifying some lands as specified in the Schedule, needed for public purpose.

(2.) This Court, while issuing notice in this petition on 3-7-198 1, by an adinterim, relief, restrained, the+ respondents from making the award for taking possession of the property in question. subsequently, on 13-7-198:1, the Court issued Rule and confirmed the an-interim relief granted on 3-7-1981.

(3.) Petitioner No. 1 is holding agricultural lands admeasuring 13 Acres 13 Gunthas. Petitioner No. 2 is holding agricultural land admeasuring 6 Acres 36 Gunthas~ Petitioner No. 3 is holding agricultural land admeasuring 5 Acres 36 Gunthas. Petitioner No; 4 is holding agricultural land admeasuring 10 Acres 25 Gunthas. These lands are situated at village Radhu. By passing a resolution, Gram Panchayat decided to acquire some lands for the purpose of extension of village site on or about 11/09/1970. Some parts of the lands of the petitioners were-to be acquired. The resolution remained unattended till 13/04/1976. The petitioners' contention is that they were not aware about any proceedings initiated by the Gram Panchayat. Special Land Acquisition Officer, Kheda Was appointed to perform the functions of Collector under Sec. 5(A) of the Land Acquisition Act. In a notification which was published in the Government Gazette on 5/01/1978, it was indicated that the lands specified in the Schedule were likely to be acquired for "public purpose", i.e., for extension of village site at Radhu and that Government of Gujarat has appointed Special Land Acquisition Officer, Kheda to perform the functions of Collector under Sec. 5(A) of the Act in respect of the lands mentioned in the Sehedule of the said notification.