LAWS(GJH)-2017-7-197

GOPALBHAI DEVABHAI PATEL Vs. STATE OF GUJARAT

Decided On July 10, 2017
Gopalbhai Devabhai Patel Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) By way of this petition under Article 226 of the Constitution of India, the petitioners have prayed for following reliefs:

(2.) At the outset, it is required to be noted that the present petition is the another round of litigation after having lost upto the Hon'ble Supreme Court, to stall the development of the lands in question needed for public purpose, by filing the present petition. It is required to be noted that earlier very petitioners preferred Special Civil Application No. 12065 of 2012 before this Court challenging the very acquisition and notification under Section 4 and Section 6 of the Land Acquisition Act, 1894 with respect to land in question and eviction notices and the entire acquisition proceedings. By detailed judgment and order dated 10.4.2015 the Division Bench of this Court dismissed the aforesaid Special Civil Application. Thereafter, the petitioners approached the Hon'ble Supreme Court by way of Special Leave to Appeal No.12936 of 2015 and by order dated 5.5.2015, the Hon'ble Supreme Court dismissed the said SLP. That thereafter, again when efforts were made by the Surat Municipal Corporation to use the land in question for the public purpose, again petitioners have preferred present Special Civil Application for the aforesaid reliefs. In backdrop of the above facts, the present petition is required to be considered.

(3.) The facts leading to the present petition in nutshell are as under: