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SCA/1007920/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 10079 of 2008
=========================================================
KISHORECHANDRA
BHAGWANDAS CHALIAWALA - Petitioner(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
MS
KJ BRAHMBHATT for Ms
VARSHA BRAHMBHATT for
Petitioner
MS MINI NAIR AGP for
Respondent(s) : 1,
None
for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MS. JUSTICE R.M.DOSHIT
and
HONOURABLE
MR.JUSTICE SHARAD D.DAVE 6th August, 2008
ORAL
ORDER
(Per :
HONOURABLE MS. JUSTICE R.M. DOSHIT)
The
petitioner is the owner and occupier of the properties bearing City
Survey Nos. 939 & 943/A admeasuring 36.79 sq.m; 18.12 sq.m and
54.91 sq.m. respectively situated in Ward no. 12 of Surat City. The
said lands have been acquired under the Land Acquisition Act, 1894
[hereinafter referred to as, the Act ] for the
purpose of parking. The Award, as envisaged by Section 11 of the Act,
has been made by the Special Land Acquisition Officer on 7th
March, 2008. The petitioner has challenged the land acquisition
proceedings on the ground that the award under Section 11 of the Act
has not been made within the specified time. The entire land
acquisition proceeding is, therefore, vitiated.
We
are afraid, the contention raised by the petitioner is not tenable.
The Award dated 7th March, 2008 [Annexure-A to the
petition] is self-explanatory. As stated in the award, the
declaration under Section 6 of the Act was made on 23rd
May, 2005. It was published in the official gazette of the Government
of Gujarat on 9th June, 2005 and in the local daily
newspapers on 23rd June, 2005 and 26th June,
2005 respectively. It was displayed at the office of the City
Mamlatdar on 20th October, 2005 and at the Site on 7th
April, 2006. Evidently, the award has been made within two
years from the date of the last of the statutory publications.
No
other contention is raised. The petition is dismissed in limine.
Notice is discharged.
{Miss
R.M Doshit, J.}
{Sharad
D. Dave, J.}
Prakash*
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