VIKRAM NATH, J. - (1.)We have heard Mr. G.M.Amin, learned counsel for the petitioners and Ms. Shruti Pathak, learned AGP for the State respondents.
(2.)This petition under Article 226 of the Constitution of India has been preferred by three petitioners seeking a direction to the respondents to initiate acquisition proceedings of the land of the petitioners bearing survey Nos.460, 461 and 441 situated in Village Dudhrej, Taluka and District Surendranagar and to declare the award. Further ancillary reliefs are also prayed. For the following reasons we are convinced that this petition deserves dismissal may be with costs, but we may not impose costs considering the facts of the case.
(3.)According to the averments contained in the petition, the land of the petitioners was taken by the Gujarat Water Supply and Sewerage Board for construction of water pipelines in September, 1999. According to the petitioners, an agreement was entered between the parties on 25.10.1999 and payment of certain amount was determined as agreed between the parties. However as the said amount was not paid, the petitioners filed Special Civil Application Nos.3342 of 2002 and 11598 of 2004. In the meantime, proceedings for acquisition are said to have taken place. Notifications under Sections 4 and 6 were issued some time in the year 2002 and again another notification under Section 6 is said to have been published on 28.10.2013. In the meantime, the petitions filed by the petitioners in the years 2002 and 2004 came to be disposed of by order dated 13.03.2015, which is reproduced hereunder:
"1. By way of this petition, the petitioner has prayed for the following reliefs:

"(a) Be pleased to admit this petition;

(b) Be pleased to issue appropriate writ, direction or order calling upon the respondents, to pay balance amount of compensation to the petitioners as agreed between the parties in the agreement dated 25-10-1999 Ann. 'D' with running interest at 9% for the first year and 15% for the remaining years from the date of taking over possession of the land admeasuring 8094 smt. out of survey no.441 situated in the sim of village Dudhrej, Tal. Vadhwan, Dist. Surendranagar and be further pleased to direct the respondents to pay to the petitioners 35% incentive compensation and 12% increase u/s. 23(1) of the Land Acquisition Act;

(c) be pleased to issue appropriate writ, direction or order directing the respondents to expedite the acquisition proceedings and declare the award and pay the compensation;

(d) Be pleased to issue appropriate writ, direction or order directing the respondents to deposit the balance amount of compensation with running interest before this Hon'ble Court during the pendency and final hearing of this petition;

(e) be pleased to grant such other and further reliefs as deemed fit in the fats and circumstances of the petition;

(f) Be pleased to award cost of this petition."

2. Learned advocate Mr. B.T. Rao appearing for the respondent states that the compensation has already been paid to the petitioners. For the interest part, Mr. Rao states that the same will be considered sympathetically.

3. In view of the above, the present petition stands disposed of. Rule is discharged. No order as to costs."