By way of the present petition under Article 226 of the Constitution of India, the petitioners have challenged the order dated 04/06.08.2012 passed by the respondent-Secretary in Revision Application No.M.V.V./HKP/SAT/71/2002.
In response to the notice issued by this Court, Ms.Kruti M. Shah, learned advocate appears for respondent Nos.5 to 9 and has raised preliminary objection that there is suppression of material facts and has also tendered affidavit-in-reply wherein it is stated that the land in question is subject to the land acquisition proceedings for the public purpose i.e. lignite mining and the same is already acquired under the Land Acquisition Act, 1894. A copy of the award dated 22.10.2009 is also produced on record. It was further submitted that in fact the petitioners were aware about the same and by application dated 20.11.2009 the petitioners have also filed an application before the Special Land Acquisition Officer for appropriate compensation.
Learned advocate for the petitioners seeks permission to file affidavit-in-rejoinder, as the affidavit-in-reply has been tendered today in the court. Hence, S.O. to 03.12.2012.
Sd/-
[R.M.CHHAYA, J ] *** Bhavesh*