MAKANBHAI RAGHABHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition is filed for an appropriate writ, order or direction quashing and setting aside the notifications dated March 3, 1987 issued under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act' as also notification under Section 6 of the Act, dated March 29, 1989.

(2.) The case of the petitioner was that he was having agricultural land at village Kabilpur in Taluka Navsari, District Valsad bearing Survey No. 138 admeasuring 1 hectre, 50 acres, 75 sq.mts. A notification was issued under Section 4 on March 3, 1987 by the Collector, Valsad, intending to acquire land for public purpose of rehabilitating landless agricultural labourers covered by Daman Ganga Canal Project. It is asserted by the petitioner that he filed objections against the acquisition on April 11, 1987. A copy of the said objections is also annexed at Annexure 'B' to the petition. On may 4, 1987, the Collector, Valsad, informed the petitioner that the objections submitted by the petitioner have been forwarded to Assistant Collector, Navsari for disposal. According to the petitioner, however; without considering those objections, a notification under Section 6 was issued on March 9, 1988. Paragraph 2 of the notification reads as under:

(3.) xxx xxx xxx.