(PER : HONOURABLE MR.JUSTICE VIJAY MANOHAR SAHAI) 1. RULE. Ms. Vacha Desai, learned Assistant Government Pleader waives service of rule on behalf of respondent No.1 and Mr. M.B. Gandhi, learned counsel waives service of rule on behalf of respondent Nos.2 & 3. With the consent of parties, the matter is taken up for final disposal today itself.
2. We have heard Mr. MTM Hakim, learned counsel appearing for the petitioner, Ms. Vacha Desai, learned Assistant Government Pleader appearing for respondent No.1 and Mr. M.B. Gandhi, learned counsel appearing for respondent Nos.2 & 3.
3. This two writ petitions have been filed on the ground that the petitioners’ lands fall within 300 meters from the outer limit of Gamtal of village Saykha, Taluka Vagra, District Bharuch and a prayer has been made to exclude the aforesaid lands from the acquisition proceedings in pursuance of Notification dated 11.12.2009 issued under Section 4 of the Land Acquisition Act (hereinafter referred to as ‘the Act’) and under Section 6 dated 2.12.2010 of the Act, as per the statement recorded in order dated 27.3.2012 in Special Civil Application No.18460 of 2011.
4. Mr. M.B. Gandhi, learned counsel appearing for Gujarat Industrial Development Corporation – respondent No.2 has produced before us two letters (i) dated 4.12.2012 which is in English and (ii) dated 5.12.2012 which is in Gujarati, and requested to take these letters on the record of this appeal. Both the letters are taken on record and it is to be treated as part of the record. According to Mr. Gandhi, a decision is required to be taken for releasing the lands of the petitioners from the acquisition proceedings. He further reiterates his statement made on 27.3.2012 in Special Civil Application No.18460 of 2011 that no land would be acquired which is within the distance of 300 Meters from the outer limit of Gamtal of village Saykha, Taluka Vagra, District Bharuch. He further states that due to ongoing Assembly elections in State of Gujarat, necessary orders with regard to releasing the lands of the petitioners could not be passed. He states that necessary orders would be passed by the Board of GIDC within a period of two months from today.
5. In view of the above statement made by Mr. M.B. Gandhi, both the writ petitions are disposed of with a direction to Gujarat Industrial Development Corporation that they shall take a final decision for releasing the lands of the petitioners within a period of two months from today. Rule is made absolute to the above extent. Parties shall bear their own costs.
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(V.M.SAHAI, J.) Sd/-
(S.G.SHAH, J.) Savariya