(1.) IN this petition under Article 226 of the Constitution, the petitioners, two in number, have challenged the acquisition of land admeasuring 848. 66 sq. mtrs. Nondh No. 2190/p in Ward No. 4 of Surat city.
(2.) IN the development plan of Surat Urban Development Authority, the land in question was reserved for school. By notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act") which was published in the official gazette on 9. 3. 1989, the Government invited objections to acquisition of land for the public purpose of constructing a school of the Surat Municipal Corporation. The petitioners who are carrying on the business of Washerman, lodged their objections on 20. 5. 1989. The notification issued by the State Government under Section 6 (2) of the Act was published in the Govt. Gazette on 21. 3. 1990. The notice under Section 9 (3) and (4) was issued on 9. 6. 1990.
(3.) IT appears that the petition was filed in July 1990 without joining Surat Municipal Corporation as a party respondent, though the land was being acquired for the benefit of Surat Municipal Corporation for establishing a primary school. For the first time on 5. 4. 1991, this Court issued notice on the petition and directed the respondent authorities i. e. State Government and the Special Land Acquisition Officer, Surat not to disturb the possession over the land in question. On the next date of hearing i. e. 22. 4. 1991, no one appeared on behalf of the respondents i. e. State Government and Special Land Acquisition Officer, Surat and therefore, this Court admitted the petition and continued the ad-interim relief till further orders with an observation that it was open to the respondents to file affidavit-in-reply and move the Court for fixing an early date of hearing. It was thereafter that affidavit-in-reply came to be filed by the Special Land Acquisition Officer, Surat on 25. 9. 1991. Surat Municipal Corporation made an application for being joined as party respondent and it was by the Court's order dated 5. 7. 1993 that Surat Municipal Corporation came to be joined as respondent No. 3. On behalf of Surat Municipal Corporation also, affidavit-in-reply came to be filed resisting the petition.