BHANUSHANKAR OGHADBHAI MEHTA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The captioned First Appeal No.4630 of 1999 and the Cross Appeal being First Appeal No.6867 of 1999 preferred under Section 54 of Land Acquisition Act 1894 (hereinafter referred to as the Act for short) read with Section 96 of the Code of Civil Procedure 1908 (hereinafter referred to as the Code for short) are directed against the award dated 29.4.1999 (read with further order dated 4.5.1999 below Exh.335) passed by the Joint District Judge, Rajkot, in Land Reference Case No.737 of 1984 which arose from the award dated 29.6.1983 passed by the Land Acquisition Officer (LAO for short).

(2.) It was vide the letter dated 17.7.1970 that the Industry, Mines and Electricity Department of the State of Gujarat declared the desire to acquire the lands in question for the public purpose of establishing an industrial estate on the outskirts of Rajkot town. Consequently the Special LAO initiated proceedings for acquisition of land bearing Survey No.207 and other lands. The notification under Section 4 of the Act was published in the Government Gazette on 10.9.1970 whereas the notification under Section 6 of the Act came to be issued on 9.3.1973. The land sought to be acquired by virtue of the said notification included the lands of the appellant(s) bearing Survey No.207/1, 207/2 and 207/3. The captioned appeals are concerning said 3 parcels of lands only.

(3.) Mr. P. V. Hathi learned Counsel with Mr. B. D. Kariya learend Advocate has appeared on behalf of the claimants and Mr. M. B. Gandhi with Ms. Trusha Gandhi, learned Advocate has appeared on behalf of the acquiring body and Mr. Nikunt Raval learned AGP has appeared on behalf of the opponent No.1 State of Gujarat. We have heard the Counsel of respective parties at length.