BHIMANI ESTATE PRIVATE LIMITED Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner owns land in the urban agglomeration area of the city of Rajkot and is admittedly covered by the Urban Land (Ceiling & Regulation) Act, 1976 (hereinafter referred to as U.L.C. Act) at the time when the notification under S.4 of the Land Acquisition Act (hereinafter referred to as the said Act) came to be issued on 28-1-1981. After filing form under S.5 of the U.L.C. Act, the petitioner had also obtained exemption under S.21 of the U.L.C. Act on 10-9-1980. After issuing the Notification under S.4 of the said Act. Notification under S.6 of the said Act was also issued on 16-3-1989.

(2.) Several grounds were taken in the petition out of which only two grounds are pressed into service at the time of final hearing.

(3.) The first one is that the Collector having issued Notification under S.4 of the said Act, Notification as per Annexure-B page 25 was issued for hearing objections and completing the formalities under S.5A of the said Act, the Collector should not have delegated his authority to the Dy. Collector, Rajkot by appointing him as Special Land Acquisition Officer by that very Notification.