MANDOOBHAI DADOOBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Having regard to the fact that common questions of law and facts arise in these questions, at the request and with the consent of the learned Advocates appearing for the parties, all these petitions have been heard together and are being disposed of by this common judgment.

(2.) In this group of petitions, the petitioners original owners of different survey numbers and different pieces of land have challenged the legality and validity of the acquisition proceedings initiated pursuant to the notification dated April 22, 1987 issued under Section 4 of the Land Acquisition Act, 1894 ('the Act' for short). As per the notification, the land is sought to be acquired for the public purpose of North Gujarat University Campus. As notified the Government declared its intention to acquire land of 50 (fifty) different survey numbers, of village Samalpati and 28 (twenty-eight) survey numbers of village Matarwadi, admeasuring about 250 acres, of Taluka Patan, District Mehsana. After issuance of the notification different land owners submitted their objections to the acquisition in question. Hearing of objections took place some time in October 1987. After the hearing was over the Collector submitted report to the Government under Section 5-A of the Act on December 31, 1987. Petitions were filed being Special Civil Applications No. 101/88 and 442/88 in this High Court challenging the legality and validity of Section 4 notification and also inquiry under Section 5-A of the Act. However, those petitions were disposed of by order dated February 8, 1988. Division Bench of this Court (Coram : P. R. Gokulakrishnan, CJ & R. J. Shah, J.) followed earlier decision of this Court in the case of Patel Gandalal Somnath v. The State of Gujarat, empowers (sic. reported) in 4 GLR 326 (AIR 1963 Guj. 50). In that case the petition was filed only after the notification under Section 4 was issued. Following the observations made in the aforesaid judgment the Court held that the notification under Section 6 of the Act was not published and, therefore, the petitions were premature and the same were required to be dismissed on that short ground alone.

(3.) Thereafter the Government issued declaration under Section 6 on May 12, 1988. The Government has also invoked urgency clause as per provisions of Section 17 of the Act. On May 25, 1988 notice under Section 7 was issued. Thereafter on June 3, 1988 Special Civil Application No. 2744/88 was filed. It was a composite petition filed on behalf of several land owners. Another Special Civil Application No. 2745/88 was filed on the same date by another group of land owners. Both these petitions came up for hearing before the Court on September 9, 1992 and they were rejected on the ground that composite petitions were not maintainable. However, liberty was reserved to the petitioners to file separate petitions making same prayers. Thereafter these separate petitions have been filed in November 1993. One petition, i.e. special civil Application No. 4342/88 was filed by individual land-owner and right from the beginning that petition has been pending as it was filed initially.