MANHAR A CHRISTY Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition under Article 226 of the Constitution of India, petitioners have prayed for appropriate writ, direction or order quashing and setting aside the action of the respondent authorities in not reallotting the lands in question to the petitioners which have been acquired by the appropriate authority under the provisions of Land Acquisition Act. It is the case on behalf of the respective petitioners that their/their forefathers' lands came to be acquired for disposal of water from sewage farm, situated at old Ranipur village, however, the same are not used fro the purpose for which the land was acquired i.e. for disposal of water from sewage farm, and some of the lands are given to the private companies and used for other purpose and therefore, the lands are not used for the purpose for which they were acquired and therefore, it is requested to directed the respondent authorities to re-allot the lands to the petitioners.

(2.) It is the case on behalf of the petitioners that earlier the petitioners preferred Special Civil Application No.9735/2008 making two fold requests i.e. (1) with respect to the lands which were allotted to the petitioners and/or their forefathers and (2) with respect to the re-allotment of the acquired lands. It is submitted that thereafter, after the disposal of the aforesaid Special Civil Application, petitioners came to know that some of the plots are allotted/given to some companies and therefore, they have preferred the present Special Civil Application.

(3.) Having heard Shri Balkrishna Acharya, learned advocate appearing on behalf of the petitioners and considering earlier orders passed by this Court, more particularly, order dated 14.06.2009 passed by the learned Single Judge in Special Civil Application No.9735/2008, it appears that earlier, petitioners made very grievance and prayed for re-allotment of the acquired plots on the ground that the acquired lands are not used for the purpose for which they were acquired i.e. for disposal of water from sewage farm and the learned Single Judge dismissed the said petition qua the aforesaid relief of re-allotment of acquired lands and in paragraph 7, the learned Single Judge observed and held as under. 7. In so far as the prayer to reallot the land of old Ranipur village to the petitions on the ground that the acquired land is not being put to use for which acquisition had been carried out suffice it to state that Ahmedabad Municipal Corporation has categorically stated in its affidavit-in-reply that the land is being utilized to dispose of solid waste of the city and therefore, is being used for disposal of waste, may be in a different form, but it is not as if the land is being kept idle or is not being put to any use so as to warrant any return of the land to the petitioners. Therefore, on this count the petitioners cannot succeed. Therefore, once, earlier petition with respect to the same prayer of re-allotment of acquired plots/lands came to be dismissed by this Court on merits, it is not open for the petitioners now again to make the same grievance and ask for the same relief which is negated by this Court.