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SCA/2271/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 2271 of 2011
=========================================================
VASANTBA
UDAYSINH GADHVI & 4 - Petitioner(s)
Versus
STATE
OF GUJARAT & 4 - Respondent(s)
=========================================================
Appearance
:
MR
DHAWAN M JAYSWAL for
Petitioner(s) : 1 - 5.
GOVERNMENT PLEADER for Respondent(s) :
1,
None for Respondent(s) : 2 -
5.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE D.H.WAGHELA
and
HONOURABLE
MR.JUSTICE K.A.PUJ
Date
: 28/02/2011
ORAL ORDER
(Per
: HONOURABLE MR.JUSTICE D.H.WAGHELA)
Learned
senior counsel Mr.Yatin Oza with learned counsel Mr.Jayswal
vehemently argued for the petitioners that notice under Section 9 of
the Land Acquisition Act, 1894 has not been served upon the
petitioners, even as there is an extensive reference in the award
dated 23.2.2011, about service of notice upon the petitioner in
respect of the land in question i.e. Survey No.518 admeasuring 15,783
Sq.Mtrs. Therefore, notice is ordered to be issued at this stage,
firstly to verify whether, according to the proceedings held by the
Special Land Acquisition Officer, notice has been served upon the
petitioners. In case the statement and assertion made on behalf of
the petitioner are found to be incorrect, the petition will be liable
to be dismissed with appropriate cost only on that count. Service of
notice is waived by learned Assistant Government Pleader for
respondent No.1. Issue notice returnable on 9.3.2011 for respondent
Nos.2 to 5. Direct service today.
(D. H. WAGHELA, J.)
(K. A. PUJ,J.)
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