HARIBHAI KALIDAS RABARI AND ORS. Vs. STATE OF GUJARAT AND ORS.
HIGH COURT OF GUJARAT
Haribhai Kalidas Rabari And Ors.
State of Gujarat and Ors.
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Akil Abdul Hamid Kureshi, J. -
(1.)These petitions involve identical issues of law. Facts are substantially similar. Whatever differences in facts, the same would be noted.
Special Civil Application No. 11220/2014 to 11227/2014:
(2.)The petitioners were the owners of lands bearing block No. 209 admeasuring 6576 sq mtrs. of village Kotali, District Vadodara. The Vadodara Urban Development Authority ("VUDA" for short) required such lands along with neighbouring lands for the purpose of setting up Transport Nagar. In order to acquire such land, the State Government issued notification under Sec. 4(1) of the Land Acquisition Act, 1894 ("the Act of 1894" for short) on 31.10.1991. This was followed by declaration under Sec. 6 of the Act on 2.1.1993. Award was passed under Sec. 11 of the Act on 25.11.1999. Some of the landowners filed Special Civil Application No. 4184/1995 and connected petitions challenging the acquisition proceedings. These petitions and further SLPs however, came to be dismissed. Insofar as acquisition under the Act of 1894 is concerned, therefore, all issues rested there. As is well known, the parliament enacted the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 ("the Act of 2013") repealing the Act of 1894 and making new provisions for acquisition of lands for public purpose.
(3.)The petitioners contend that by virtue of Sec. 24(2) of the Act of 2013, the acquisition proceedings in the present case had lapsed. They have therefore, prayed for such a declaration.
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