GAFURBHAI MALUBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) IN compliance with our direction dated 27. 8. 2009, Mr JS Prajapati, Deputy Collector, Dholka Prant, Dholka and Mr PH Sanghvi, Deputy Executive Engineer, Construction Sub-Division, Dholka, Dist. Ahmedabad are present before the Court as identified by Mrs VS Pathak, learned AGP appearing for the respondents.

(2.) IN this petition under Article 226 of the Constitution filed in February 1994, the petitioner had made a grievance against the respondents taking over possession of the petitioner's lands bearing Block No. 407 paiki and Block No. 262 of village Kavitha, Taluka Dholka, Dist. Ahmedabad without following any legal procedure and without paying the petitioner any compensation for the same.

(3.) THE respondents do not dispute the fact that possession of the petitioner's lands in the above Block numbers was taken over by the respondents on 28th April 1983 for the purpose of construction of Bavla to Rasan to Kavitha to Bardarkha road. In the affidavit-in-reply it is stated that Block Nos. 407 paiki and Block No. 262 of village Kavitha were not included in the award of the Land Acquisition Officer because they were not included in the notifications under Sections 4 and 6 of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act" ). It is further stated in the affidavit that the revised proposal for acquiring the above lands is now submitted to the concerned authority. It is also stated that the proposal to declare the award has been submitted for the lands taken from the petitioner to the concerned authority and that on receipt of the fund from the Government, the payments will be made to the petitioner as per the award after the amount is received by the Prant Officer, Dholka. In para 7 of the reply affidavit dated 4. 9. 2009, besides making the above averments, the Deputy Executive Engineer, Construction Sub-division, Dholka, Dist. Ahmedabad has also stated that the measurements of the lands as indicated in the petition are not correct but according to the joint measurement sheet, the area of the lands in question is as under :-Block No. 262 - 425 square meters block No. 407 - 148 square meters