RAVJIBHAI KANABHAI AHIR (DIED) Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This group of petitions has been preferred under Article 226 of the Constitution of India by erstwhile landowners of different parcels of land said to have been acquired by the State for the benefit of the Gujarat Industrial Development Corporation (for short "GIDC") sometime in the year 1987. Total land acquired was 1347 Hectares 88 Aare and 44 sq.mtrs. It was situated in four villages. The details of the same are provided below : <FRM>JUDGEMENT_881_LAWS(GJH)12_2020_1.html</FRM>

(2.) Special Civil Application No.11931 of 2019 is taken up as the lead matter for recording of brief facts. The reliefs claimed by means of this petition is firstly to issue a writ of mandamus commanding the respondents not to demolish properties in question, not to destroy the standing crops, not to destroy or cut 1400 palm trees and other trees standing in the land in question and not to destroy the tabela for buffaloes and cows of the petitioners. The second relief claimed is to direct the respondents to regrant/reallot the land in question to the petitioners as the object of the land acquisition has lapsed. In other petitions also similar reliefs have been claimed.

(3.) The main ground on which these petitions are filed is that although the land was acquired in 1987 for the benefit of the GIDC, but in fact, no development activity was carried out by the GIDC, the land is still lying unutilized, it is still in possession of the petitioners who were the landowners and the object of the acquisition having frustrated, the land so acquired deserves to be returned to the petitioners. In other words, it has been prayed that the land in question be regranted/reallotted to the petitioners.