K.G.SHAH - (1.) BY this Writ petition, the Petitioners challenge the acquisition of certain property on two grounds, viz. (1) that there is no public purpose as in the very area there is already another school existing and therefore the acquisition of the Petitioners' land for the purpose of school cannot be said to be for a public purpose and (2) that the acquisition is malafide.
(2.) TODAY when the matter is taken up for hearing, none for the Petitioners is present. We have hard Mr.Sonawane, the learned Assistant Government Pleader for Respondents No.3 and 4 and Mr.Dalvi, the learned advocate for the Acquiring Body. Mr.Dalvi has pointed out from the record the following dates which are relevant. (a) The Notification under Section 4 of the Land Acquisition Act has been issued on 17th March 1981. (b) The declaration under Section 6 of the Act has been issued on 22nd November 1981 and has been published in the Government Gazette on 19th November 1981. (c) The Award has been passed on 24th October 1983. (d) The present petition has been filed on 27th December 1985.
(3.) MR .Dalvi contended that the petition has no merit and apart from that the petition is liable to be dismissed on the ground of delay and laches. In our opinion, Mr.Dalvi is no a stronger footing in his submission.;