- (1.) Leave granted.
(2.) This appeal is directed against the judgment and order dated 12.01.2009 passed by the High Court of Gujarat at Ahmedabad in Special Civil Application No. 5663 of 1990 with Civil Application No. 3458 of 2006 whereby the High Court dismissed the petition preferred by the appellants herein.
(3.) Brief facts: a According to the appellants, they are owners of the land in question measuring 848.66 sq.m., Nandh No. 2190/P, Ward No.4 of Surat City. The State of Gujarat initiated acquisition proceedings under the Land Acquisition Act, 1894 (hereinafter referred to as the "Act") for construction of a school in the land in question under the Surat Municipal Corporation. The appellants objected to the said acquisition on the ground that: (i) this is the only land for them for carrying on the business of washermen and they are using this land for the purpose of their livelihood. (ii) There are vacant/open lands adjoining to the land in question. (iii) Within a radius of 1 km., number of schools are available particularly being run by the Surat Municipal Corporation. 2 (iv) While acquiring the land, the respondents have not followed the provisions of Sections 4, 5, 6 and 11A of the Act. b) On the other hand, it is the stand of the State Government that: (i) the land is required for establishing a primary school by the Surat Municipal Corporation. (ii) They fully complied with the statutory notices and other requirements. (iii) The appellants did not avail the opportunity of participating in the 5A enquiry by filing objections. (iv) The declaration made under Section 6 of the Act is within time. (v) Award under Section 11A has been passed within the statutory period. Since the establishment of school is for a public purpose and in view of compliance of all the statutory formalities, there is no merit in the appeal and prayed for dismissal of the same. ;