LAWS(GJH)-2007-6-29

AHIR KARSHAN KARA Vs. STATE OF GUJARAT

Decided On June 28, 2007
AHIR KARSHAN KARA Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) Leave to amend the cause title of each petition is granted. The Deputy Collector and Special Land Acquisition Officer, Khambhaliya is permitted to be impleaded as respondent No. 4 in each petition.

(2.) Rule. Mr.J.K.Shah, learned Assistant Government Pleader, waives service of notice on behalf of the respondents in each petition. Having regard to the facts of the case, the petitions are taken up for final disposal today.

(3.) By filing the instant petitions under Article 226 of the Constitution, 12 petitioners, whose lands were used for the purpose of construction of Bhogat Bandhara Dam without following the procedure contemplated by the provisions of the Land Acquisition Act, 1894 ("the Act" for short) have prayed to issue a writ of mandamus or any other appropriate writ or order directing the respondents to initiate land acquisition proceedings as prescribed under the Act for acquiring their lands and pay compensation to them in accordance with law. The petitioners have further prayed to issue an appropriate writ directing the respondents to fix the compensation for non-use of their lands since 1997 till the notification, which may be published under Section 4 of the Act and pay necessary compensation to them.