LAWS(GJH)-1996-9-59

KIRITKUMAR KAPILRAY BHATT Vs. STATE OF GUJARAT

Decided On September 27, 1996
KIRITKUMAR KAPILRAY BHATT Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) The petitioners have filed this petition challenging the proposed acquisition as evidenced by Notification under Section 6 of the Land Acquisition Act, Annexure A. Five different block numbers are involved and the details are as under :

(2.) The impugned Notification was preceded by a Notification under Section 4 as per Annexure D, in response to which, the petitioners did file their objections as per Annexure E. Thereafter, the impugned Notification came to be issued and hence the petition. 943

(3.) Submission was made largely to the effect that keeping in mind the future development of the City of Baroda, a development plan is evolved, that too to serve the public purpose in larger sense and unless the plan itself is varied or modified by the State Government after following the procedure prescribed, the Government cannot proceed straightway to initiate acquisition proceedings. This would be more so, when the proposed acquisition is going to be for a Company.