STATE OF GUJARAT Vs. GAURIBEN MANISHANKER MEHTA

JUDGEMENT

(1.) The respondents-plaintiffs, owners of land bearing Survey No.59 admeasuring 3 Acres - 27 Gunthas and lands bearing Survey No.60 admeasuring 4 Acres 35 Gunthas and Survey No.61/3 admeasuring 4 Acres 18 Gunthas, were dispossessed from the said lands in view of the Notification under Section 4 and a declaration made under Section 6 of the Land Acquisition Act, 1894 ("the Act" for short).

(2.) The appeal was admitted on 7th November, 2006 for hearing the parties on the following substantial questions of law:

(3.) Shri Pujari, learned Assistant Government Pleader for the State, submits that the question of maintainability of the civil suit to challenge the acquisition proceedings is no more res integra because time and again, the Supreme Court has observed that a person would not be entitled to file a suit to challenge the acquisition proceedings. His further submission is that once the acquisition proceedings are over and the property vests in the Government free from all encumbrances, then, the erstwhile owner cannot file a suit for any relief.