JIGNESH RAMESHCHANDRA BHINDE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) IN this petition under Article 226 of the Constitution, the petitioners challenge notification dated 9.9.1981 under Section 4 of the Land Acquisition Act and the notification dated 23.5.1984 under Section 6 of the said Act for acquisition of the lands bearing Survey Nos.247/1, 247/2, 255/1, 255/2, 256, 259, 261/2 and 261/3 situate at Mahemdabad in Kheda district. As indicated in the notifications, the lands were to be acquired for putting up Growth Centre by AUDA.

(2.) WHILE admitting the petition on 10.1.1987, this Court had granted interim injunction restraining the respondents from taking over possession of the lands bearing Survey Nos.247/1, 247/2, 255/1, 255/2, 256 and 259 situate at Mahemdabad in Kheda district. It appears that thereafter by Civil Application No.1940 of 1987 the petitioners had also prayed for permission to add Survey Nos.261/2 and 261/3 in the prayer clause. The permission was granted by order dated 3.9.1998 and the above two survey numbers were added in the prayer for substantive relief as well as the prayer for interim relief.

(3.) AT the hearing of this petition, Mr SN Shelat, learned counsel for AUDA has placed on record a copy of the letter dated 28.1.2009 from the Chief Executive Officer of AUDA to the Special Land Acquisition Officer, Kheda. The said letter refers to pendency of the present petition and all the above Survey numbers and states as under (as translated from Gujarati) : -