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2014 Supreme(Guj) 1172

R.D.KOTHARI
Superintending Engineer (Tr) – Appellant
Versus
Narsinhbhai Parbubhai Patel Died During Pendency of Appeal – Respondent


Advocate Appeared:
For the Appellant :S.N. Shelat, Sr. Advocate With Lilu K Bhaya, Advocates.
For the Respondents:Anshin H. Desai, R.R. Marshal With Shaili A Kapadia, Advocates.

JUDGMENT :

R.D. Kothari, J.

Facts of the case are somewhat strange and interesting also. In a case where land was acquired under Land Acquisition Act for the petitioners, the course of events has taken such a turn that petitioners have had to resort to the provisions of the Public Premises (Eviction of Unauthorised Occupants) Act,1971 against the respondents wherein the competent authority had passed an eviction order. In Appeal, the District Court quashed and set aside the said order of competent authority. Hence, the present petition before this Court with a prayer to quash the order of the District Court.

2. Few relevant facts and sequence of events are, thus;

    Notification under Section 4 was issued on 1.12.1982. Notification under Section 6 was issued on 28.4.1986. Thereafter, award was passed by the Land Acquisition Officer on 24.8.1987. The claimants have preferred SCA No.7394 of 1989 challenging the acquisition proceedings initiated by the State for the benefit of the petitioners. Said petition was dismissed on 25.10.1989, however, Court had passed an order not to dispossess the claimants till 31.12.1989. Then on 29.12.1989, in MCA No.2330 of 1989, time was further extended upto

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