HEIRS OF CHHOTABHAI, VARIBHAI PATEL Vs. STATE

JUDGEMENT

(1.) This petition is filed by one Chhotabhai Varibhai Patel who died during the pendency of the petition and whose heirs and legal representatives have been brought on record. It is for an appropriate writ, direction or order quashing and setting aside orders at Annexures "J" and "K" dated January 5, 1988 and March 7, 1988 respectively, and by directing Special Land Acquisition Officer, respondent No. 1 herein, to determine compensation to be paid to the petitioner in accordance with the provisions of the Land Acquisition Act, 1894 (hereafter referred to as 'the Act').

(2.) It was the case of the petitioner that (deceased) Chhotabhai Varibhai Patel was the owner of land bearing Survey No. 640/ 1 of Village Gorva, Taluka and District Baroda. At the instance of Baroda Municipal Corporation, respondent No. 2 herein, proceedings were initiated by the authorities in accordance with the provisions of the Act and a notification under Section 4 of the Act was issued in 1974 while notification under Section 6 was issued in 1975. Individual notices were also issued. Subsequently, however, the Corporation decided not to acquire the land and for that purpose, a letter was addressed to the competent authority on August 19, 1980. Accordingly, a decision was taken to release the land from acquisition.

(3.) After the release of land, the petitioner lodged this claim in accordance with provisions of Section 48 of the Act which provides for award of compensation where acquisition proceedings are dropped. It reads thus: