January 23, 2009 12:15:52 am
Even as one of the farmer-petitioners,Jeetsinh Sardarsinh Vaghela,made an amendment to his petition challenging the allotment of 865.12 acres of Khoda village land to Tata Motors,the Gujarat High Court on Thursday fixed the matter for final hearing on February 2.
The division bench comprises Chief Justice K S Radhakrishnan and Justice Akil Kureshi.
In the amendment,the petitioner submitted that the then General Administration Department of the British government in 1914 had issued guidelines making it compulsory to preserve for lifetime the notifications issued under Sections 4,6 and 11 of the Land Acquisition Act,1894.
While Sections 4 and 6 pertain to acquisition of land,Section 11 deals with compensation payment. One of the petitioners said that the department concerned with land acquisition had to preserve and maintain notification copies under all circumstances.
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In the present case,the state government has not been able to produce the notification issued under Section 4 nor has it mentioned in its reply the date on which the government had published the Section 4 notification a mandatory requirement for initiating acquisition proceedings.
The entire case projected by the government before the high court is contrary to the guidelines and mandatory provisions of the Land Acquisition Act,1894, said the petitioner in the amendment submitted to the court.
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