MANSUKHBHAI DHAMJIBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Leave granted. Heard learned counsel for the parties.

(2.) The land of the appellants was acquired in the year 1981 for the purpose of construction of a dam. In the year 2011, the appellants approached the High Court for release of the land in view of Resolution of the Government dated 31.08.2001 permitting re-grant of land where land is considered to be of no use for public purpose. The learned Single Judge directed consideration of the said prayer which was rejected.

(3.) The appellants again approached the High Court. The High Court held that the land once acquired for public purpose could not be re-granted to the original owner in view of the law as laid down by this Court in V. Chandrasekaran and Anr. v. Administrative Officer and Ors. 2012(4) R.C.R.(Civil) 588 : 2012(5) Recent Apex Judgments (R.A.J.) 145 : (2012) 12 SCC 133. The High Court concluded thus: