SHIVAM GENERAL STORES Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition is filed by the petitioners for quashing and setting aside notification Annexure-B issued under S.4 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') and notification Annexure-J issued under S.6 of the Act being illegal, ultra vires, unconstitutional and violative of fundamental rights of the petitioners.

(2.) It is the case of the petitioners that they were having a land bearing City Survey No. 3057/B admeasuring 83-61-30 sq. mtrs., and City Survey No. 3055 admeasuring 76-92-39 sq. mtrs., in Ward No. 4 in Salabatpura Main Road, Surat. A notification under S.4 of the Act was issued on March 2, 1988 which was published in local newspapers on March 9, 1988 and March 12, 1988 respectively. It was published in Government Gazette on April 14, 1988. The factum of S. 4 notification was notified on the site on April 19, 1988. Objections were invited under S.5A of the Act. Since the petitioners were of the opinion that the land was not needed for public purpose and even otherwise, alternative lands were available, they submitted objections. They were considered by the Land Acquisition Officer and a report was submitted by him to the Government. After considering the report submitted by the Land Acquisition Officer as also the objections raised by the owners, the Government issued a notification under S.6 of the Act on April 15, 1989. Since a notification under S.6 was issued, the petitioners approached this Court by filing this petition which was admitted and ad interim relief was granted. The matter is now called out for final hearing.

(3.) Mr. D. D. Vyas, learned Senior Advocate for the petitioners raised following three contentions :