YUSUF VALI MUSA MITHA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for appropriate writ, order and/or direction to quash and set aside the impugned order dated 27/1/2016 passed by the respondent No.2 (Annexure-A) by which the application submitted by the petitioner to re-determine compensation for the land in question under section 28A of the Land Acquisition Act, 1894 has been rejected.

(2.) Facts leading to the present petition, in nutshell are as under:-

(3.) Mr. K.M. Sheth, learned advocate appearing on behalf of the petitioner has vehemently submitted that once the Division Bench of this Court vide its judgement and order dated 17/9/2014 passed in Special Civil Application No. 1908 of 2012 has specifically observed that the petitioner's application is required to be entertained as if he is stepped into the shoes of the original owner and is required to be decided on merits, thereafter it was open for the authority to reject the application on the ground that the petitioner has purchased the land in question after the Notification under section 4 and/or after the Award under section 11 of the Act. It is submitted that the impugned order has been passed rejecting the application of the petitioner under section 28A of the Act, as if the authority is sitting over as an appellate court/authority against the decision of the Division Bench of this Court rendered in Special Civil Application No. 1908 of 2012.