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2011 Supreme(Guj) 226

D.H.WAGHELA, K.A.PUJ
Mohanlal Nanabhai Choksy – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Appearance :
Mr. R.S. Sanjanwala, with Mr. S.H. Sanjanwala, for the Petitioners No. 1.
Mr. Dilip L. Kanojiya, for the Petitioners No. 2 - 4.
Ms. Monali Bhatt Asstt Government Pleader, for the Respondents No. 1.
Notice Served, for the Respondent No. 2.
Mr. Prashant G. Desai, for the Respondent No. 3.

Judgment

D.H. Waghela, J.—The petitioners, four in number, have invoked Articles 14, 19, 300-A and 226 of the Constitution for quashing of notifications under Sections 4 and 6 of the Land acquisition Act, 1894 (for short, “the LA Act”) and declaration to the effect that acquisition by the respondents of the lands of petitioners for the purpose of establishing vegetable market is per se bad and illegal. After filing of the petition in May 1991 and enjoyment of interim relief for so many years, the petitioners had dragged their feet in proceeding with the hearing of the petition, according to the record. Ultimately, the petition was finally heard and dismissed with cost of Rs. 10,000/- by a Division Bench of this Court on 01.02.2002 by an elaborate judgment. That judgment was carried in appeal to the Supreme Court and that Civil Appeal No. 7268 of 2004 is partly allowed and disposed on 04.10.2010 with the following direction:

“34. The High Court may deal with all issues but specifically the two following questions:

(i) Whether the 1963 Act, a later and a special Act as compared to the 1949 Act would prevail over the 1949 Act, or whether a harmonious construction is possible between the














































































































































































































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