PRAMODBHAI BHULABHAI DESAI Vs. OFFICER ON SPECIAL DUTY NO 2 LAND ACQUISITION AHMEDABAD
LAWS(GJH)-1988-7-9
HIGH COURT OF GUJARAT
Decided on July 22,1988

PRAMODBHAI BHULABHAI DESAI Appellant
VERSUS
OFFICER ON SPECIAL DUTY NO.2 (LAND ACQUISITION),AHMEDABAD Respondents


Cited Judgements :-

ISHWARBHAI ANANDABHAI TANK VS. STATE OF GUJARAT [LAWS(GJH)-2009-8-462] [REFERRED TO]
KALIDAS GOPALBHAI PATEL VS. SPECIAL LAND ACQUISITION OFFICER SURAT [LAWS(GJH)-1989-4-10] [REFERRED TO]


JUDGEMENT

P.R.GOKULAKRISHNAN - (1.)This Special Civil Application is to quash the Sec. 4 Notification dated 12/10/1977 and Sec. 6 Notification dated 18/09/1980 on the ground that they are illegal erroneous mala fide vitiated by non-compliance with the due procedure and provisions of the Secs. 8 and 9 of the Land Acquisition Act. In the alternative it is prayed for giving a direction to the respondent authorities to pay the petitioner compensation for the land actually used i.e. 11 acres and 7620 square metres on the basis of the current market price and compensate the petitioner for the losses that he has suffered with interest on the said amount of compensation at the current market rate at the rate of 18 per cent per annum.
(2.)Notice before admission was issued to the respondents and the respondents Nos. 1 & 3 are represented by Mr. D. H. Karia learned Counsel for the State and respondent No. 2 is represented by the learned Counsel Mr. A. H. Mehta. The respondents have also filed reply affidavits and contested the admission.
(3.)The short facts of the case for the purpose including this admission are that the Government for the benefit of Gujarat Industrial Development Corporation (GIDC) acquired lands at Vapi in order to create the industrial township and industrial area. For this purpose large chunk of lands measuring several acres belonging to the family of the petitioner and others were acquired. Subsequently further acquisition notification was issued in respect of several survey numbers belonging to the petitioner. The present dispute in this Special Civil Application pertains to Survey No. 552/Part admeasuring 3 hectors 67 acres and 25 square metres in the village Vapi taluka Pardi at Valsad district. In respect of these lands earlier Sec. 4 Notification was issued on 13/03/1968 followed by Sec. 6 Notification on 11/03/1972 The petitioner represented to the authorities concerned the advisability of dropping the acquisition of this survey number stating that the family of the petitioner was co-operating in the land acquisition effected by Government for establishing the industrial township at Vapi Industrial area. Appreciating the request of the petitioner it is stated by the petitioner that the Government de-notified the lands of Survey Number 552 of the petitioner and excluded the same from the acquisition. It is also stated by the petitioner that except for the portion wherein a road has been built in Survey Number 552 the rest of the survey number was de-notified. The petitioner on the strength of the de-notification and the promise made by the authorities concerned has invested more than Rs. one lakh in developing a dairy farm in the said land and thus changed his position detriment to his interest. While things stood thus the Government issued another Sec. 4 Notification on 12/10/1977 for acquisition of the land in Survey Number 552 which was de-notified as early as 30/03/1972 Subsequently Sec. 6 Notification was dated on 18/09/1980 inspite of the objections raised by the petitioner herein. The petitioner made several representations for de-notifying this survey number from the acquisition and having failed in such representation the petitioner has come forward with the present Special Civil Application alleging various irregularities including that of promissory estoppel mala fide intentional and other infirmities.
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