LALITBHAI PUNJABHAI PATEL AND ORS. Vs. STATE OF GUJARAT AND ORS.
LAWS(GJH)-2016-4-27
HIGH COURT OF GUJARAT
Decided on April 01,2016

Lalitbhai Punjabhai Patel And Ors. Appellant
VERSUS
State of Gujarat and Ors. Respondents

JUDGEMENT

Akil Abdul Hamid Kureshi, J. - (1.) The petitioners have prayed for a direction to declare acquisition of the lands bearing Survey Nos. 556/1 and 556/2 of Village:Gotri, Taluka and District:Vadodara, as illegal on account of wrongly invoking urgency clause contained in Sec. 17(1) of the Land Acquisition Act, 1894. The petitioners have further prayed that the consent award dated 30.11.1992 may be declared as illegal and the respondents be directed to return the land of the petitioners.
(2.) Brief facts are as under.
(3.) Petitioners are all heirs of deceased Punjabhai Patel and were co -owners of lands bearing Survey Nos. 556/1 and 556/2 of Village:Gotri, admeasuring 4047 sq.mtrs. and 3667 sq.mtrs. respectively. The Vadodara Urban Development Authority required such land for construction of residential units for middle and low income group of the society. In order to acquire such lands of the petitioners alongwith other neighboring lands, therefore, a notification under Sec. 4(1) of the the Land Acquisition Act, 1894 was issued on 10.04.1992. The acquiring body invoking urgency clause contained in Sec. 17 of the Land Acquisition Act, 1894, without inviting and dealing with objections in terms of Clause 5A of the Act, proceeded to issue declaration under Sec. 6(1) of the Act on 17.06.1992. A consent award came to be passed in terms of Sec. 11(2) of the Act on 30.11.1992. With payment of compensation pursuant to such consent award, the possession of the land was also taken over by the Government and handed over to Vadodara Urban Development Authority.;


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