J.N.BHATT - (1.) In this petition under Article 226 of the Constitution of India, the petitioners raise a short, but enlightening question, whether the erstwhile owners of the lands acquired under the Land Acquisition Act, 1894 (the Act for short) are entitled to return or reallotment of the lands from the respondent competent authorities merely upon a change of public purpose for which the lands were acquired.
(2.) With a view to appreciating the merits of the petition, and the challenge made in it, it would be expedient at this stage to make a skeleton projection of relevant material facts leading to the rise of this petition.
(3.) The petitioners were the owners of agricultural lands bearing Block Nos.47, 48, 73 and 74, situated at village Jangirabad, Surat, which came to be acquired by the respondent authority by virtue of a notification under section 4(1) of the said Act dated 18th October 1987, followed by a notification under section 6(1) dated 19th March 1988. The possession of the subject lands came to be taken over by the Guajrat Housing Board and Acquiring Body i.e. respondent no.5 on 30.8.1991 as the acquisition proceedings came to be initiated for the public purpose of construction of houses by the Gujarat Housing Board. The respondent no.5-Gujarat Housing Board deposited the amount of compensation determined by the competent authority after taking over the possession.;