K.K.TATED, B.P.COLABAWALLA
Abuli Abdul Husain Vora, Daudi-Vora – Appellant
Versus
Union Territory of Dadra and Nagar Haveli, through the Administrator – Respondent
B. P. Colabawalla, J.
1. By this Writ Petition filed under Article 226 of the Constitution of India, the petitioners seek a direction for quashing the notification issued under Section 4 (dated 22nd November, 2011) and the declaration issued under Section 6 (dated 19th October, 2012) of the Land Acquisition Act, 1894 (for short the “said Act”). In addition, the petitioners also seek quashing of the award dated 17th October, 2014 that were passed in relation to the non-agricultural land plot No.20 of Survey No.64/2 totally admeasuring 439 square meters. Out of this entire larger property, an area admeasuring 165.75 square meters with the residential bungalow standing thereon was sought to be acquired (for short the “acquired property”) for a public purpose, namely, construction of a ring road around Silvassa. The grounds on which the petitioners have challenged the acquisition are more particularly set out in the written submissions tendered on behalf of the petitioners and which we shall advert to a little later. However, before dealing with the legal submissions, it would be apposite to set out a few necessary facts.
2. The petitioners claim to be co-owners of the larger p
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