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2016 Supreme(Guj) 793

AKIL ABDUL HAMID KURESHI, ALPESH Y.KOGJE
Patel Ketuman Natvarbhai – Appellant
Versus
Secretary, Revenue Department – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Virat G. Popat, Advocate
For the Respondents:Kamal Trivedi, Advocate General assisted by Jirga Jhavari, AGP

JUDGMENT

Alpesh Y. Kogje, J.

1. Present petition under Article 226 of the Constitution of India is filed praying for the relief of declaration that the acquisition of the lands of the petitioners pursuant to the award dated 27.02.1978/28.02.1978 has lapsed in view of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter to be referred as "the Act of 2013"). Petitioners have also prayed for release of their respective lands from the acquisition in view of Section 24 of the Act of 2013.

2. Facts in brief necessary for the present case and as emerging on the record are as under:-

2.1 The petitioners claim to be original owners/occupiers/legal heirs of the owners of various lands situated in village Bhat, Dist. Gandhinagar. These lands were sought to be acquired for construction of Narmada river water project, for which acquisition proceedings were carried out in the year 1978. From the record it appears that Section 4 notifications of the Land Acquisition Act, 1894 (hereinafter to be referred as "the old Act") are dated 31.01.1963 and 05.01.1967. Section 6 notification are dated 03.01.1969 and 06.01.196











































































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