RAMNIKBHAI RAMJIBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this petition under Article 226 of the Constitution of india, the petitioners have prayed for an appropriate writ, order and/or direction quashing and setting aside the Notification issued by the respondents under sec. 6 of the Land Acquisition Act ("the Act" for short)dtd. 30/8/2005 in so far as the land of the petitioners bearing Revenue survey No. 254 of village Sola, Taluka Daskroi, District ; Ahmedabad, area admeasuring 5733 sq. mtrs.

(2.) AT the outset, it is required to be noted that by way of impugned notification, the lands of ten land owners, inclusive of the petitioners' land, admeasuring 62,000 sq. mtrs. , are acquired for the expansion of the existing Gujarat High Court complex as well as for providing other facilities and for the construction of building for various authorities like Gujarat State Judicial Academy, Gujarat State Legal service Authority, High Court Legal Aid Services Committee and the petitioners' land is admeasuring 5733 sq. mtrs. only out of total 62,000 sq. mtrs. of land be acquired. It is also required to be noted that sec. 4 notification came to be published on 17/8/2004 and thereafter Sec. 6 notification has been published on 30/8/2005 and even the possession of all the lands for which Notification under sec. 6 of the Act has been published (inclusive of the petitioners' land), is already taken over by the competent authority and handed over to the High Court administration and not only that even Award under sec. 11 of the Act, after following due procedure as required under sec. 9 of the Act is also declared by the Special Land Acquisition Officer long back and except the petitioners, all other land owners have accepted the compensation and having not satisfied with the quantum of compensation, have submitted References under sec. 18 of the Act. It is also required to be noted that even the petitioners have also submitted Reference Application under sec. 18 of the Act under protest.

(3.) THE petitioners were owners of the land bearing Revenue survey No. 254 admeasuring 5733 sq. mtrs. which is just adjacent to the present High Court complex. It appears that facing difficulties in respect of shortage of Court Rooms, Chambers for the Judges, Central Library, parking Facilities, Administrative Block, Committee Room, Storage Room, auditorium, building for Gujarat State Judicial Academy, Chambers for advocates, building for Gujarat State Legal Service Authority, building for High Court Legal Aid Services Committee etc. and for future expansion of the High Court, the Standing Committee of the Gujarat High Court, headed by the Hon'ble the Chief Justice, took up the issue of expansion of the High Court complex in its meeting held on 19/4/2001 and after due deliberation, resolved that the State Government be requested to acquire the lands which are adjacent to the existing High Court complex. By letter dtd. 4/5/2001, High Court sent proposal to the State Government for acquisition of the certain lands inclusive of the petitioners' land pointing the necessity for expansion of the existing High Court Complex. Vide letter dtd. 19/2/2002, the State Government conveyed its administrative approval for acquisition of land admeasuring 61,816 sq. mtrs. It appears that vide letter dtd. 18/12/2003 additional proposal was sent by the High Court for acquisition of the additional land on the western side of the existing High Court complex. It appears from the proceedings and the pleadings that the State Government on 9/2/2004 appointed a high level committee comprising of the Principal Secretary-Finance Department, Secretary-Legal Department, Secretary-Road and building Department and Registrar General of High Court of Gujarat, for monitoring expansion of the High Court complex. The said committee was to function under the guidance of the Hon'ble the Chief Justice. That thereafter, having satisfied with respect to the need of land for the expansion of the High Court Complex as per proposal made by the High court dtd. 4/5/2001 and additional proposal dtd. 18/12/2003, Notification under sec. 4 of the Act was issued on 17/8/2004, whereby the Collector, ahmedabad declared his intention that the land in question and other lands mentioned in the Notification are needed for public purpose for expansion of the existing High Court. The petitioners submitted provisional objections dtd. 13/9/2004 to the District Collector, Land acquisition Branch. Over and above objecting to the acquisition of the land in question, the petitioners also sought some material and information with respect to the acquisition proceedings. By reply dtd. 23/9/2004, the petitioners were informed by the then Additional Special Land Acquisition officer, Ahmedabad that till 13/9/2004 notice under sec. 4 (1) of the Act has not been issued and after notice under sec. 4 (l) of the Act is issued, the petitioners can submit their objections under sec. 5a of the Act before the Competent Authority. That thereafter, notice under sec. 4 (1) of the act was issued on 27/8/2004 calling upon the interested persons to submit their objections before the Special Land Acquisition Officer on or before 26/10/2004. It also appears from the said notice under sec. 4 (1) that it was so stated in the said notice under sec. 4 (1) of the Act that a personal hearing would be afforded to the interested parties who submits the objections on 26/10/2004. Being aggrieved by and dissatisfied with the communication dtd. 23/9/2004, the petitioners preferred Special Civil application No. 13153 of 2004 before this Court for appropriate writ, order and/or direction directing the respondents of the said petition i. e. the district Collector, Ahmedabad and Special Land Acquisition Officer, ahmedabad to supply all the materials which the respondents have collected for forming an opinion for issuance of the notification under sec. 4 of the Act. It was also further prayed in the said petition to direct the said respondents to supply all the materials which the petitioners have sought for vide representation dtd. 13/9/2004. The said petition being special Civil Application No. 13153 of 2004 came to be dismissed by the division Bench of this Court vide order dtd. 8/10/2004. That being aggrieved by and dissatisfied with the aforesaid order dtd. 8/10/2004, the petitioners preferred Special Leave Petition (Civil) No. 5665 of 2005 before the Hon'ble Supreme Court with an application for condonation of delay. In the meantime, Notification under sec. 6 of the act came to be published on 30/8/2005. The said S. L. P. came up for hearing before the Hon'ble supreme Court on 13/4/2006 and the Hon'ble Supreme Court condoned the delay and disposed of the said S. L. P. by observing that the same would be without prejudice to the rights of the petitioners to seek information under Right to Information Act. That even before the Hon'ble supreme Court disposed of the aforesaid S. L. P. , the petitioners have preferred the present Special Civil Application on 27/1/2006 for an appropriate order to quash and set aside Notification under sec. 6 of the act. It appears that at the time of hearing of S. L. P. before the Hon'ble supreme Court on 13/4/2006, attention of the Hon'ble Supreme Court was not drawn with respect to the Notification under sec. 6 of the Act already issued on 3o/8/2005, nor with respect to filing of the present special Civil Application challenging Notification under sec. 6 of the Act.