(Per: J.M. Panchal, J.) By means of filing this petition under Article 226 of the Constitution, the petitioner has prayed to issue a writ of mandamus or any other appropriate writ or order directing the Land Acquisition Officer as well as Government of Gujarat to permit him to make representation in the matter of acquisition of the land bearing Survey No.752/1 situated in the sim of Village Sola, Taluka Daskroi, District and Sub-District Ahmedabad. The petitioner has further prayed to direct the respondents to permit him to participate in the acquisition proceedings which may be initiated under Sections 10, 18 and 30 of the Land Acquisition Act, 1894 relating to the disputed land. The petitioner has also prayed to direct the Land Acquisition Officer to make Reference under Section 30 of the Land Acquisition Act to the Court for deciding dispute as to the apportionment of compensation.
2.The Respondents No.1 and 2 have filed affidavit-in-reply and controverted the claim advanced by the petitioner in the petition to which the petitioner has filed an affidavit-in-rejoinder. The Respondents No.1 and 2 have also filed affidavit-in-sur-rejoinder to the affidavit-in-rejoinder filed by the petitioner. However, it is not necessary to refer to the pleadings in detail as we propose to dispose of the petition by giving appropriate directions to the Special Land Acquisition Officer and Deputy Collector, Gheekanta, Ahmedabad.
3.The petitioner has claimed reliefs which are mentioned above on the footing that he is an interested person in the land bearing Survey No.752/1 admeasuring 5711 sq.m. situated in the sim of Village Sola, Taluka Daskroi, District and Sub-district Ahmedabad. Having regard to the facts of the case, we are of the opinion that interest of justice would be served if the petitioner is directed to make an application before the Special Land Acquisition Officer and Deputy Collector, Gheekanta, Ahmedabad and the said officer is directed to consider the said application on merits and in accordance with law as early as possible.
4.For the foregoing reasons, the petitioner is directed to make an application before the Special Land Acquisition Officer and Deputy Collector, Collector's Office, Gheekanta, Ahmedabad pointing out that he is an interested person in the land bearing Survey No.752/1 situated in the sim of Village Sola, Taluka Daskroi, District and Sub-district Ahmedabad. The petitioner shall file the application within one week from today. The Special Land Acquisition Officer and Deputy Collector, Collector's Office, Gheekanta, Ahmedabad is directed to consider the said application on merits and in accordance with law as early as possible and without any avoidable delay after hearing all the parties. It is clarified that declaration under Section 6 of the Act is already made by the Government which is published in the Official Gazette and therefore, the participation of the petitioner in the land acquisition proceedings would be relating to the amount of compensation payable to him, if any. Subject to foregoing directions, notice is discharged with no orders as to cost. Direct Service permitted.
( J.M. Panchal, J. ) ( M.C. Patel, J. ) hki