(Per : HONOURABLE MR.JUSTICE D.H.WAGHELA) The petitioner has approached this Court for quashing the notice dated 17.10.2011 issued by respondent No.2 on the basis that no opportunity of hearing is given to the petitioner and actions envisaged under sub-section (2) of section 4 of the Land Acquisition Act, 1894 have been initiated. Upon issuance of the notice and appearance of learned counsel Mr.Siddharth Dave for respondent No.2, it is stated on instructions that the impugned notice is issued in contemplation of the proposed acquisition of land, but not under section 4 of the Act. It is clarified that the impugned notice is issued under the provisions of section 3-A of the Act for preliminary survey and the respondent concerned will abide by the provisions of sections 3-A and 3-B of the Act. It was submitted that, therefore, no question of hearing the petitioner at this stage has arisen while even the notification under section 4 of the Act is as yet not issued.
Upon the above statements being made and recorded, the petition was not pressed for any relief at this stage and accordingly disposed of and notice is discharged with no order as to costs.
(D.H.Waghela,J) (Mohinder Pal,J) pathan Top