RABARI BHEMABHAI RANCHODBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition under Article 226 of the Constitution of India, the petitioners have prayed for appropriate writ, order and/or direction, quashing and setting aside the impugned order dtd.4/8/2010 passed by the Collector, Banaskantha, by which the allotment of the plots in question in favour of the petitioners from the Gauchar land has been cancelled on reconsideration. In the alternate it is prayed for appropriate order directing the respondent authority to allot the land to the petitioners in lieu of the acquisition of their land for Deesa Air Field Project.

(2.) Mr.Dhaval Barot, learned advocate appearing on behalf of the petitioners has submitted that if suitable directions are issue issued to the respondent authority to allot the any other land to the petitioner in lieu of the acquisition of their land for Deesa Air Field Project within a stipulated time, he is not pressing for the relief in terms of para 22(A) i.e. challenge to the order passed by the Collector, Banaskantha dtd.4/8/2010, by which, the allotment of the lands/plots from the Gauchar land has been cancelled on reconsideration and on non-availability of the sufficient land for Gauchar.

(3.) Mr.Niraj Soni, learned Assistant Government Pleader has submitted that even in the impugned order dtd.4/8/2010 itself the Collector, Banaskantha has already instructed the Dy.Collector, Deesa to allot any other from other land available and acquired from the other villages.