LAWS(GJH)-2009-11-22

HIMATBHAI MANABHAI RATHOD Vs. STATE OF GUJARAT

Decided On November 06, 2009
HIMATBHAI MANABHAI RATHOD Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) RULE. Mr Pranav Dave, learned AGP for respondent Nos. 1 to 3 and Mr VC Vaghela for respondent Nos. 4 and 5 waive service of rule.

(2.) IN this petition under Article 226 of the Constitution, the petitioners, two in number, have challenged the order dated 1. 7. 2009 (Annexure-F) of respondent No. 2 Deputy Collector and Land Acquisition Officer, Ankleshwar rejecting the petitioners' application under Section 30 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act ).

(3.) THE lands belonging to respondent Nos. 4 and 5 came to be acquired by the State by notification under Section 4 issued in the year 2006. The acquired lands were land bearing survey No. 59 admeasuring 0. 03 are, survey No. 270/1 admeasuring 1 Hector 55 Are and also land bearing revenue survey No. 199 admeasuring 0. 93 are all in village Vadadala, Taluka Vyara, District Bharuch. The petitioners' case is that the petitioners were also co-owners of the acquired lands and they were entitled to receive compensation for their share. The petitioners had accordingly made application for apportionment under Section 30 of the Act, but the Land Acquisition Officer rejected the same on the ground that Regular Civil Suit No. 231 of 2004 raising the controversy about the petitioners' share in the lands in question was dismissed by the Civil Court. Mr Majmudar, learned advocate for the petitioners states that Regular Civil Suit No. 231 of 2004 is still pending before the Court of learned Senior Civil Judge, Bharuch and that therefore, the Land Acquisition Officer erred in rejecting the petitioners' application under Section 30 of the Act.