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2010 Supreme(Guj) 314

BANKIM N.MEHTA, D.H.WAGHELA
BHANUBEN DURLABHBHAI PATEL – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared:
MS KETTY A MEHTA with MR SAURABH G AMIN for Petitioners MR CB UPADHYAYA ASSTT GOVERNMENT PLEADER for Respondents:1 - 2.MR SN SHELAT with MR MITUL K SHELAT for Respondent:3,MR MIHIR JOSHI with MR ABHISHEK M MEHTA for Respondent:

JUDGMENT

MR.JUSTICE D.H.WAGHELA

1. Four petitioners, the first of whom has passed away and whose two daughters are brought on record, have invoked Articles 14, 19 (1) (g), 21 and 300-A of the Constitution for the prayers that the award dated 14.02.1991 of I/C Officer on Special Duty (Land Acquisition) be set aside on the ground that delay has vitiated the acquisition and it has lapsed, with the consequential relief of setting aside notices dated 20.12.2003 under sections 11 (2) and 12 (2) of the Land Acquisition Act, 1894. Since the impugned award dated 14.02.1991 is made in respect of various parcels of land acquired for the purpose of expansion of industrial estate of respondent No.3, Gujarat Industrial Development Corporation (GIDC), and the present dispute is raised in respect of lands of only three block numbers, the challenge is taken to be restricted to acquisition of those three parcels of land bearing Survey Nos.265, 204 and 267/1 of Block Nos.284, 268 and 273, comprising total 26,886 sq. mtrs. Situated at village Sachin, district Surat, out of the total 11,23,238 sq. mtrs. of land acquired for GIDC. Initially, while issuing notice herein on 29.12.2003, ad-interim relief wa












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