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SUNITA AGARWAL, PRANAV TRIVEDI
Panchmahal Shikshan Prachark Mandal – Appellant
Versus
State of Gujarat – Respondent
ORDER :
Sunita Agarwal, C.J.
There are two counsels appearing for the petitioner, one of whom is the learned advocate Mr. B.M. Mangukiya, who has sent a leave note and the other learned advocate-Ms. Bela Prajapati has sent a sick note today. We are not inclined to respect the leave note or sick note of the learned advocates appearing for the petitioner in view of the peculiar facts of the present case narrated in the subsequent paragraphs.
2. The ordersheet indicates that the petitioner was permitted to amend the petition incorporating two prayers in the writ petition vide order dated 21.4.2022. Two weeks’ time was granted to the petitioner to file the amended writ petition, which has never been filed by the petitioner. The ordersheet further indicates that the repeated sick notes and leave notes have been circulated by the two learned advocates appearing for the petitioner and the matter was got adjourned.
3. In view of the order dated 5.7.2023, whereby the time was granted to the learned AGP to file the affidavit-in-reply, two orders dated 07.08.2023 and 28.08.2023 had been passed granting time to the learned AGP to file affidavit-in-reply on behalf of the respondent No.2. The affida
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The court upheld the land acquisition for educational purposes, dismissing the petition due to unexplained delay and affirming the public good served by the land's current use.
Acquisition proceedings initiated decades ago cannot be challenged based on supposed lapses under current law; vested state land's repurposing is lawful despite original owner's claims.
Point of Law : In case there is no other public purpose for which the land was needed, then instead of disposal by way of sale to the erstwhile owner, the land should be put to public auction and the....
The main legal point established in the judgment is the court's authority to direct an enquiry into alleged violations of the Land Acquisition Act and to take appropriate action based on the findings....
Point of law: when once the proceedings are completed, the question of application of Section 101 of Act No. 30 of 2013 does not arise.
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