PRABODHBHAI C DAVE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By means of filing this petition under Art. 226 of the Constitution, the petitioner has prayed to issue a writ of mandamus or any other appropriate writ, order or direction declaring that the acquisition proceedings initiated in respect of the disputed lands. i.e., land bearing Survey No. 879 admeasuring. 2 Hectares of Ares. and 0.5 sq. metres, as well as the land hearing Survey No. 897, admeasuring I Hectare 79 Ares and 56 sq. mtrs. situated within the revenue limits of village Samalpati, Taluka Patan, District Mehsana, have lapsed as the Special Land Acquisition Officer and Deputy Collector, Patan, failed to make award under Sec. 11 of the Land Acquisition Act, 1894. ("the Act" for short) within the period of two years from the date of publication of the declaration made Sec. 6 of the Act. The petitioner has also prayed to declare that the award made under by the Special Land Acquisition Officer and Deputy Collector, Patan, on 21/09/1990 with regard to land bearing Survey No. 879 is illegal, improper and unjust. The petitioner has further prayed to issue a writ of mandamus or a writ of prohibition or any other appropriate writ, order or direction restraining the respondents, their agents and servants from making award with regard to the land bearing Survey No. 897. The petitioner has further urged to issue a writ of mandamusor any other appropriate writ or order directing the respondents, their agents and servants to return possession of the land bearing Survey No. 879, admeasuring 2 Hectares 58 Ares, and 0.5 sq. meters, as well as the land bearing Survey No. 897, admeasuring 1 Hectare 79 Ares and 56 sq. mtrs. situated within the revenue limits of village Samalpati. Taluka Patan, District Mehsana to the petitioner.

(2.) The petitioner asserts that he is the owner of the land bearing Survey No. 879, admeasuring 2 Hectares 58 Ares, and 0.5 sq. metres as well as the land bearing Survey No. 897, admeasuring 1 Hectare.79 Ares and 56 sq. mtrs. situated within the revenue limits of village Samalpati. Taluka Patan, District Mehsana. On proposal being made, the State Government was satisfied that the lands belonging to the petitioner and others situated at village Samalpati, Taluka Patan, District Mehsana, were likely to be needed for public purpose of North Gujarat University Campus, Patan. Accordingly, notification under Sec. 4 of the Land Acquisition Act, 1894 ("Act" for short), was issued, which was published in the Government Gazette on 22/04/1987. The land owners were served with notices under Sec. 4 of the Act. They had filed their objections against the proposed acquisition. After considering objections, which were raised by the land owners, the Special Land Acquisition Officer and Deputy Collector, Patan, had submitted his report to the State Government as contemplated by Sec. 5A(2) of the Act. On consideration of the report submitted by the Special Land Acquisition Officer, the State Government was satisfied that the lands mentioned in the notification which was issued under Sec. 4(1) of the Act were needed for the public purpose of North Gujarat University Campus. Accordingly, declaration under Sec. 6 of the Act was made which was published in the Official Gazette on 12/05/1988. The said declaration was also published in the daily, "Gujarat Samachar", dated 23/05/1988. By the said notification the State Government had also invoked urgency clause under Sec. 17(1) of the Act directing the Collector to take possession of all the lands specified in Government notification dated 22/04/1988 on expiration of fifteen days from the publication of the notice relating to the said lands under sub-sec. (1) of Sec. 9 of the Act. Copies of declaration made under sec. 6 and notification issued under Sec. 17(1) of the Act are produced by the petitioner collectively at Annexure "A" to the petition. Interested persons were thereafter served with notices under Sec. 9 of the Act for the purpose of determination of compensation. Meanwhile, Special Civil Application No. 2774 of 1988 was filed in the High Court by Patel Virchandabhai Madabhai and 39 others challenging the acquisition proceedings. The petition was placed for admission hearing before the Division Bench on 3/06/1988 and the Division Bench had passed the following order :

(3.) Mr. S. S. Vora, Registrar, North Gujarat University, has filed affidavit-in-reply on behalf of respondent No. 3 controverting the averments made in the petition. In the reply, it is stated that the petitioner has only I/63rd share approximately in the land bearing Survey No. 879/2, whereas there are other co-sharers so far as the land bearing Survey No. 879/1 is concerned and, therefore, the petition should not be entertained. It is averred that one Virchand Patel had challenged the acquisition proceedings in Special Civil Application No. 4314 of 1990 and while dismissing the said petition the Division Bench of this Court held that there was a stay of action or proceedings contemplated by Explanation to Sec. 11A of the Act as a result of which the present petition should be dismissed. It is further claimed in the reply that a sum of Rs. 61,932.00 was deposited for acquisition of land bearing Survey No. 879 by the North Gujarat University on 19/06/1988 which is payable to the claimants whose interests were acquired and the final award declared on 21/09/1990, cannot be treated as having been made after the period of two years from the date of making of declaration under Sec. 6 of the Act. By filing the reply, the deponent of the affidavit-in-reply has demanded dismissal of the petition.