MOHMADKHAN SHERKHAN PATHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Special Civil Application is to quash Sections 4 and 6 Notifications 111 respect of acquisition of the lands of the petitioners herein. Acquisition is for providing an approach road between Bhalak and Traswad. Section 4 Notification was issued as early as 30 -7 -1983 and objection for the same was filed on 15 -9 -1984. On 4 -12 -1985, objections were heard. After taking into consideration the report sent by the Acquisition Officer, Section 6 Notification was issued on 29 -1 -1986. It is clear from the facts of the case that the Award was made on 8 -6 -1987 itself. The present petition came to be filed as late as 5th September, 1988. when especially Section 4 notification was issued as early as on 30 -7 -1983. Noting this inordinate delay on the part of the petitioners to approach this Court Mr, Hava brought to our notice the decision in the case of Aflatoon v. Lt. Governor of Delhi, reported in AIR 1974 SC 2077. The Supreme Court has correctly held :