BHAILALBHAI KARSANBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Ms. Jirga Jhaveri, learned AGP waives service of notice of rule on behalf of the respondents. On the facts and circumstances of the case, the petition is taken up for final disposal today.

(2.) IN this petition under Article 226 of the Constitution of India, the case of the heir of deceased - Bhailalbhai Karsanbhai Patel of Umarva, Taluka Nandod, District Bharuch is that after the award dated 09. 06. 2006, the petitioner applied for certified copy thereof on 22. 06. 2006 and the same was received by them on 16. 11. 2006. Thereafter, they submitted an application under Section 28a of the Land Acquisition Act, 1894 on 14. 12. 2006 (Annexure 'c' to the petition ). It is also the petitioner's case that thereafter, the petitioner received notice dated 09. 10. 2007 fixing the hearing on 17. 10. 2007 before the Land Acquisition Officer. The petitioner appeared at the said hearing and also submitted their written submissions dated 20. 11. 2007. The petitioner through their Advocate sent notice dated 11. 06. 2008 to the State Government and the Land Acquisition Officer. The grievance in this petition is that the petitioner's application under Section 28a is still pending. It appears from the written submissions dated 20. 11. 2007 and the advocate's notice dated 11. 06. 2008 that there were 18 claimants who made the application under Section 28a and the petitioner, as heir of Bhailalbhai Karsanbhai Patel is at Sr. No. 15.

(3.) MS. Jirga Jhaveri, learned AGP appearing for the respondents - State of Gujarat and Special Land Acquisition Officer, Karjan Yojna Unit No. 3, Bharuch states, on instructions of Mr. U. K. Vasava - respondent no. 2 that the draft award under Section 28a is already prepared by respondent no. 2 and forwarded to the State Government for approval and that the matter is pending with the State Government. The learned AGP further states that on account of the ensuing elections to the Lok Sabha, the State Government has not taken any decision in the matter.