LAWS(GJH)-2009-11-287

GIRISHBHAI PRAHLADBHAI PATEL Vs. STATE OF GUJARAT

Decided On November 06, 2009
Girishbhai Prahladbhai Patel Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) LEAVE to make correction in the cause title for showing the correct designation of Respondent No.7 as Additional Special Land Acquisition Officer.

(2.) IN this petition under Article 226 of the Constitution, the petitioners, a large number of persons who are owners of various parcels of land in Sola, Ahmedabad have challenged that part of State Government Notification dated 4th February, 2009, by which the State Government has invoked powers under sub -sec (4) of Section 17 of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act"). The notification was published in the Newspaper dated 6th February, 2009.

(3.) THE said notification declares that it appears to the State Government that additional land is required for the public purpose of expansion of the Gujarat High Court Complex at Sola, Ahmedabad, and therefore, a declaration is made under Section 4 of the Act that the lands in question are required for public purpose. By the said notification, the State Government cautioned all the persons having interest in the lands in question not to put up any obstruction or interfere with the survey of the lands in question by the surveyors for the public purpose of acquisition, and that any transfer, disposal or encumbrance of the lands in any manner without permission of the Collector after the date of the notification shall not be taken into consideration at the time of acquisition and determination of compensation. The notification further reads as under: