CA/653220/2008 2/ 2 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CIVIL APPLICATION - FOR INTERIM RELIEF No. 6532 of 2008 In SPECIAL CIVIL APPLICATION No. 6558 of 2008 ============================================ DR BIPIN MOHANLAL TRIVEDI - Petitioner(s) Versus THE PROJECT DIRECTOR & 3 - Respondent(s) ============================================ Appearance : MR PRASHANT DESAI SR. ADV WITH KK TRIVEDI for Petitioner(s) : 1, MR CZ SANKHLA for Respondent(s) : 1, 4, GOVERNMENT PLEADER for Respondent(s) : 2, MR HARIN P RAVAL for Respondent(s) : 3, MR MRUGEN K PUROHIT for Respondent(s) : 3, ============================================ CORAM : HONOURABLE MR.JUSTICE ANANT S. DAVE Date : 25/09/2008 ORAL ORDER
This
matter is listed today for hearing of the notice already issued by
this Court on 21.4.2008 (Coram: Hon’ble Mr. Justice C.K.Buch).
The
matter was argued by Mr.Prashant Desai, learned senior advocate for
the petitioner for about 45 minutes prior to recess and was to be
heard in the second session of the day.
When
the matter was taken up for further hearing in post lunch session,
Mr. C.Z.Sankhla, learned advocate appearing for respondents No. 1 and
4 submit that subject matter of the petition is pertaining to the
Land Acquisition and accordingly as per the roaster of the
subject assigned, subject of the Land Acquisition is out of preview
of this Court.
It
is to be noted that since issuance of notice, the matter was assigned
to the Court taking up Non-Service Group III roaster and even
notice was issued accordingly and from time to time the matter was
adjourned by the Court taking up the above roaster. Even on earlier
occasion, no such submissions were made by learned advocate appearing
for respondents No. 1 and 4. The subject matter of the challenge is
also notifications issued under sub-section (1) and sub-section (3)
of Section 3(A) of the National Highways Act, 1956 (in short the
Act ) and Section 3(J) of the above Act clearly mentions Land
Acquisition Act 1 of 1894 shall not apply to an acquisition under the
National Highways Act, 1956.
Be
that as it may. When submissions are made by learned advocate
appearing for respondents No. 1 and 4 that the subject matter of the
petition is pertaining to Land Acquisition and, therefore, the
registry is directed to verify the same and the matter may kindly be
placed before Hon’ble the Chief Justice.
[ANANT
S. DAVE, J.]
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