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SCA/4694/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 4694 of 2011
=========================================================
HARIBHAI
KARSANBHAI GOHIL & 1 - Petitioner(s)
Versus
STATE
OF GUJARAT - THROUGH SECRETARY & 4 - Respondent(s)
=========================================================
Appearance
:
MR
RAMNANDAN SINGH for
Petitioner(s) : 1 - 2.
MR NJ SHAH, ASST GOVERNMENT PLEADER for
Respondent(s) : 1,
RULE SERVED for Respondent(s) : 1,4 .
RULE
NOT RECD BACK for Respondent(s) : 2 - 3.
MR CHINMAY
GANDHI for Respondent(s) : 5.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE V. M. SAHAI
and
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 14/10/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE V. M. SAHAI)
1. We
have heard Mr. R.N. Singh, learned advocate appearing for the
petitioner, Mr. N.J. Shah, learned AGP appearing for the respondent
no. 1 and Mr. Chinmay Gandhi, learned advocate appearing for the
respondent no. 5.
2. This
petition has been filed by the petitioner that the respondent
authorities be directed to release the land of the petitioner bearing
Revenue Survey No. 757/1 and 757/2 situated in village Sua, Taluka
Vagra, Bharuch from acquisition.
3. The
State Government under section 48 of the Land Acquisition Act can
release only the acquired land provided the petitioner is in
possession of the land in dispute. In the instant case, Mr. Singh
has submitted that the land in question is in possession of the
petitioner which is not disputed by Mr. Shah, learned AGP appearing
for the respondent State. Learned AGP however submitted that the
petitioner may prefer appropriate fresh representation before the
concerned authorities of State Government which shall be considered
in accordance with law.
4. In
view of the above, this petition is disposed of with the following
directions:
The
petitioner shall make a fresh detailed representation under Section
48 of the Land Acquisition Act before the concerned authorities of
the State Government within a period of four weeks from today.
The
authorities shall consider the same in accordance with law and
dispose of the same by way of a reasoned and speaking order within a
period of three months from the date of receipt of the
representation.
It
is made clear that this Court has not entered into the merits of the
matter.
5. Rule
is discharged. Direct service is permitted.
(V.M.
SAHAI, J.) (K.S. JHAVERI, J.)
Divya//
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