FAKIR MOHMED YAVAR KHANJI Vs. CHIEF SECRETARY

JUDGEMENT

(1.) The petitioner has prayed for a direction to the respondents to adjudicate the matter of acquisition of 1919.2 acres of land of the petitioner within the time frame and for a further direction to pay to the petitioner such compensation as may be determined.

(2.) Brief history to the litigation is as under. The petitioner is an ex­ruler of State of Agar now situated within Narmada. The petitioner claims to be owning 1919.2 acres of private forest land by way of ancestral property situated in 14 different villages in Taluka Tilakwada, District Narmada. State legislature enacted the Gujarat Private Forest (Acquisition) Act 1972 ("the Act of 1972" for short). In terms of the said Act, the rights in the private forests would vest in the Government. Section 6 of the Act of 1972 pertains to payment of amount to owners of private forests and envisaged aggregate amounts which would include ­

(3.) Section 7 of the Act of 1972 pertains to application for payment of amount and entitled an owner of private forest to make an application in the prescribed format to the Collector for determining the amount payable under section 6. The Act also contains a mechanism for determining such amount and payments thereof.