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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SUNITA AGARWAL, PRANAV TRIVEDI
Jigar Developers – Appellant
Versus
State of Gujarat – Respondent
JUDGMENT :
SUNITA AGARWAL, CJ.
1. Heard Mr. Digant M. Popat and Mr. Kartikey Kanojia, learned advocates for the petitioner, Ms. Maithili Mehta, learned Assistant Government Pleader for the respondent State and Mr. Anuj K. Trivedi, learned advocate for respondent no.3.
2. By means of the present petition, the petitioner initially challenged the notification issued under Section 10A dated 16.05.2023; under Section 11(1) dated 12.07.2023; and notices under Section 21(1) and 21(2) dated 07.10.2023 and 18.10.2023 under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (in short as "the Act' 2013").
3. By means of the amendment allowed on 22.12.2013, the prayers to seek quashing of the notification under Section 19 dated 06.10.2023; the award under Section 23 dated 10.11.2023 and the possession receipt dated 22.11.2023, have been added.
4. In essence, the petitioner seeks to challenge the entire acquisition proceedings beginning from the notification issued under Section 10A whereby the requirement of Social Impact Assessment Study under Section 4 of the Act' 2013 has been dispensed with.
5. The petitioner herein is the purchaser of
The right to be heard during property acquisition is a statutory entitlement; failure to follow due process undermines such rights under the Act.
The acquisition process must comply with statutory provisions of timely final notification and personal hearing, failure of which undermines legal validity.
Procedural lapses in land acquisition notification, hearing, and timelines vitiate proceedings, but completed construction and record loss warrant fresh award under original Act rather than new regim....
Compliance with statutory requirements for land acquisition is critical, but national interest may override individual objections when procedures are followed. The court upheld the legality of the ac....
Personal hearing is a statutory requirement under Section 21(2) of the Act; failure to provide this violates natural justice and invalidates any acquisition award.
The court established that proper authority and adherence to statutory procedures are essential in land acquisition processes to ensure fairness and legality.
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