M.R. Shah - (1.) By way of this petition under Article 226 of the Contitution of India, the petitioners have prayed for an appropriate writ, direction and order quashing and setting aside of land acquisition proceedings of survey nos. 406, 211, 214/1, 212/1 and 215 of village Rajpur, Tal: Sidhpur, Dist. Patan vide LAQ Case No. 9 of 1964 dated 10.01.1967.
(2.) The facts leading to the present Special Civil Application in nutshell are as under:
(3.) That in the year 1964 the land bearing Survey No. 214/1 was owned in the name of one Bhagvandas Jivadas Patel. The same came to be acquired under the provisions of Land Acquisition Act, 1894 in the year 1964 for the public purpose and for Sidhpur Municipality for disposal of the solid waste. The notification under Section 4 of the Act was issued in the year 1964. The others adjacent lands also came to be acquired for the same purpose. Thereafter, notification under Section 6 of the Act was issued and the award under Section 11 of the Act came to be declared. That most of the lands owners accepted the compensation under the protest. With respect to the land in question, acquiring body deposited the amount with the treasury/Mamlatdar in the year 1967 itself, as the original land owners refused to accept the amount of compensation. That the possession of the land in question was taken over by the acquiring body Nagarpalika in the year 1967 itself. That since 1967, the Nagarpalika seems to be in possession of the lands in question and other lands acquired. It appears that there was dispute with respect to the ownership between the husband of the petitioner no.1 Kantaben Kantilal Patel original land owners and at the relevant time the land in question was in the name of original land owners Bhagvandas Jivadas Patel. It appears that thereafter the name of Kantilal was mutated in the revenue record in the second part. That thereafter, the petitioner no.1 preferred Special Civil Application No.15552 of 2012 before this Court with a prayer to quash and set aside the acquisition proceedings of the land bearing Survey no. 214/1 and/or to withdraw the said proceedings and to handover the possession to the petitioners. That said Special Civil Application came to be withdrawn in the year 2013 with a view to move the State Government for withdrawal of the acquisition. Without expressing any opinion on the maintainability of the said aspect, the permission was granted and the said Special Civil Application came to be disposed of as withdrawn. That thereafter, some of the original owners of the adjacent land approached this Court by way of Special Civil Application No. 18568 of 2014 for an appropriate writ, direction and order to declare the acquisition proceedings lapse in view of provisions of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. That the said Special Civil Application came to be dismissed by the Division Bench of this Court with a observation that the said petition is nothing but to take undue advantage from the Government and same is nothing but abuse of process of law. That thereafter, the petitioners have preferred present Special Civil Application in the year 2016 for the aforesaid reliefs. However, it is required to be noted that so far as petitioners are concerned, they are concerned with only survey no.214/1 and despite the same, present petition is preferred with respect to other lands.;