MUKESHKUMAR GOVINDBHAI PATEL Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS petition is moved by the petitioners invoking Articles 14, 16, 19 & 226 of the Constitution of India. Undisputedly, the acquisition proceedings were initiated in the year 1957 and awards were passed in 1959. The petitioners do not dispute to have appropriately received the compensation for acquisition of their respective lands. It is the case of the petitioners that their lands, after acquisition, remained unutilized for the purpose for which they were acquired till 1973 when they were given to one Bhagubhai Vithalbhai Patel for the purpose of cultivation. After giving of that lands to Bhagubhai v. Patel for the purpose of cultivation, Railway authorities have not taken any steps to get back the property. On the contrary, the Railway authorities have given a purshis in the legal proceedings initiated by Bhagubhai v. Patel that Bhagubhai Patel would not be evicted from the lands, except by due process of law. It is also the case of the petitioners that they came to know about this transaction only in the year 2006 and, therefore, this petition.

(2.) IN the petition, the petitioners have made the following prayers: -

(3.) THE petitioners challenge the acquisition on the ground that it was a fraudulent acquisition and that the land is used for the purpose other than for which it was acquired.