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HIGH COURT OF GUJARAT
UMESH A. TRIVEDI, CHEEKATI MANAVENDRANATH ROY
Izz Infra Llp – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
UMESH A. TRIVEDI, J.
Rule returnable forthwith. Mr. Manish J. Patel, learned advocate, waives service of notice of Rule for and on behalf of respondent No. 2. Ms. Dharitri Pancholi, learned AGP, waives service of notice of Rule for and on behalf of respondent Nos. 1 and 3.
1. This petition is filed under Article 226 of the Constitution of India seeking writ of mandamus or any other appropriate writ, order or direction, directing the respondent – Bharat Sanchar Nigam Limited (hereinafter referred to as ‘BSNL’, for short) to execute the registered sale deed in favor of present petitioner No. 1, being the successful bidder, in respect of vacant land bearing Plot No. 5D, CS No. 146 & 353, Opp. Panjarapole, Ghod-Dod Road, Karimabad, Surat, Gujarat- 395001, having Site Area – 5359 Sqm., Built-up area-Nil, having Geographical Coordinates: Latitude-21.174629, Longitude-72.814618 (hereinafter referred to as “land/property in question”) and having property surroundings, as mentioned in the Request for Proposal (hereinafter referred to as “RFP”) document, by obtaining No Objection Certificate (hereinafter referred to as “NOC”) from District Collector, Surat, forthwith.
1.1 Petitioner N
The Central Government is the appropriate authority for land acquired for its purposes, and the State Government cannot impose conditions on its sale.
Subsequent land purchasers cannot challenge government acquisition notifications and transfers made without proper permissions are considered void.
The court ruled that prior land acquisition proceedings lapsed due to non-compliance with statutory timelines, necessitating fresh proceedings under the 2013 Land Acquisition Act.
The court affirmed that the Liquidator of a cooperative society has the authority to sell society assets and that land acquired for public purpose remains under valid use, regardless of subsequent ow....
Possession must remain with the landowner for an application under Section 48(1) of the Land Acquisition Act to be maintainable; erroneous inclusion of mortgaged land invalidates acquisition.
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