Notice for final disposal returnable on 24.02.2012.
Learned advocate for the petitioner has contended that the concerned officer i.e Collector, Valsad, while exercising powers under Section 10(2) of the Gujarat Water & Gas Pipeline (Acquisition of Right of User in Land) Act, 2000(5) of 2000 did not have power to remand the matter as it would amount to delaying unnecessarily the compensation aspect, when the user of the land has already been acted upon and started. Statute policy for awarding compensation and the phraseology used in Section 10(2) leave no scope of remand to the concerned authority as if Collector was not acting as Appellate Authority. The concerned authority and the officer of the State shall file an affidavit-in-reply, if any, by the returnable date or else, it will be presumed that they agree with the contention of learned advocate and appropriate order will be passed in accordance with law on the returnable date. Advance copy of this petition be given to learned AGP for its onward communication to the concerned authority. Direct service permitted.
(S.R.BRAHMBHATT, J.) pallav Top