HASMUKHLAL BHAGWANDAS Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this petition, petitioners have prayed to quash and set aside the notifications issued under Secs. 4 and 6, vide Annexures A & D under the provisions of the Land Acquisition Act.

(2.) Petitioner Nos. 1 to 6 are the owners of a plot of land admeasuring 1,319 sq. metres of sub-plot Nos. 1 to 3 bearing Nondh No. 2,885/D situated in Ward No. 3, Surat. Petitioner Nos. 7 to 11 are claiming that they are the tenants of some of the shops constructed on that plot. Municipal Corporation of Surat forwarded a proposal to the State Government under Sec. 78 of the Bomaby Provincial Municipal Corporations Act, 1949, to acquire plot Nos. 1 to 3 for the purpose of constructing a shopping centre thereon. In exercise of powers under Sec. 4 of the Land Acquisition Act, the notification was published in Gujarat Government Gazette on September 6, 1979, vide Annexure 'A' wherein it has been specifically mentioned that the lands specified in the Schedule are likely to be needed for a public purpose, i.e., for shopping centre by Municipal Corporation, Surat. After following procedure laid down under the provisions contained in the Land Acquisition Act, notification under Sec. 6 came to be issued which has been published in Gazette on 25-8-1982. As there was mistake about the area to be acquired, Corrigendum came to be issued which is not placed on the record, but it is an admitted position that 1,319 sq. metres of land is to be acquired. Miss Shah has raised the following contentions :

(3.) Under the provisions contained in the Bombay Provincial Municipal Corporations Act, 1949 (hereinafter referred to as 'BPMC Act'), there are obligatory and discretionary duties of the Corporation as defined in Chapter VI of the Act. Section 63 provides for obligatory duties. Sub-section (12) of Sec. 63 reads as under :-