NIKHILBHAI VADILAL SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(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: