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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SUNITA AGARWAL, D.N.RAY
Jagdishbhai Lakhubhai Patel – Appellant
Versus
State of Gujarat – Respondent
| Table of Content |
|---|
| 1. petitioner's land acquisition claims are foundational facts. (Para 1 , 3) |
| 2. initial objections to land acquisition process procedures. (Para 4 , 6) |
| 3. challenges to acquisition validity based on previous procedures. (Para 5 , 8 , 10 , 11 , 13) |
| 4. details surrounding title transfer and acquisition implications. (Para 14 , 19 , 20 , 21 , 22) |
| 5. court's reasoning about petitioner's lack of standing due to sale. (Para 23 , 26 , 28 , 30 , 31 , 32) |
| 6. final dismissal of the writ petition. (Para 33) |
ORDER :
1. Heard learned Counsels for the parties and perused the record.
2 The present petition has been filed with the following prayers:
“(A) By a writ of mandamus and/or by a writ in the nature of mandamus and/or by any other appropriate writ, order or direction, it is declared that the acquisition from the petitioner's land of Revenue Survey no. 31/1/Paiki (old Survey No. 42/1) under the provisions of the LAND ACQUISITION ACT is illegal, ultra vires and bad in law.
(B) By a writ of mandamus and/or by a writ in the nature of mandamus and/or by any other appropriate writ, order or direction, the respondents be directed not to deduct the area of 379 sq. mtrs. of the acquired land
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Land acquired for a public purpose can be utilised for any other public purpose and once possession of land in taken and land is vested in Municipality free from all encumbrances, restitution of surp....
Acquisition of Land - Rights of owner - Land acquired for a public purpose can be utilised for any other public purpose and once possession of land in taken and land is vested in Municipality free fr....
Authority under the Act of 1976 exercises a quasi-judicial power which implies observing of the principles of natural justice and to conclude that the occupants are not entitled to occupy the plots. ....
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