- (1.) Mr. M. N. Shroff, learned Advocate appearing on behalf of the respondents has strongly pressed that the interim order of stay passed by us should be vacated since possession of land acquired by the State Government is required to be taken immediately as the area is going to be submerged by reason of the construction of a dam across river Karjan and unless possession of the land is taken it will not be possible for the State Government to proceed with the construction of the dam. We appreciate the anxiety of the State Government to take possession of the acquired land. We are also aware that the land has been acquired for an important public purpose. But at the same time we cannot overlook the human problem arising out of displacement of large number of tribals and other persons belonging to weaker sections on account of acquisition of land. We are, therefore, of the view that the interim stay may be vacated but subject to the following conditions : If any person in possession of acquired land or any part thereof is to be dispossessed of the land in his or her occupation it shall be done only in the presence of a social activist nominated by Shri Hari Vallabh Parekh of Anand Niketan Ashram or the Judicial Magistrate of Rajpipla and such social activist or Judicial Magistrate will maintain a record of the names and addresses of the occupants of land who are thus dispossessed and will also enquire into and ascertain as to how long such persons have been in occupation of the land.
(2.) The State Government or its officers who intend to take possession of any part of the acquired land will give at least seven days notice to the social activist nominated by Shri Hari Vallabh Parekh and to the Judicial Magistrate, Rajpipla so that at least one of them can remain present at the time of taking possession and possession can be taken in his or her presence.
(3.) The social activist or Judicial Magistrate in whose presence possession of any part of the acquired land is taken shall note down the nature and condition of the land before possession of it is taken.;