MANHARLAL SOMABHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioners, have filed the present writ petition seeking Writ of Mandamus and/or Writ of Certiorari or to issue order or direction declaring that the land bearing survey no.54/2 paiki admeasuring 12112 sq. meters, is not under acquisition. The petitioners also seek direction to the respondent to rectify the entry no.972 dtd. 26/3/1985 and to restore the name of the petitioners in the revenue record.

(2.) The aforesaid prayers, are made in the backdrop of the following facts as culled out from the memo of the petition.

(3.) The Collector i.e. respondent no.3 has filed the affidavit-in- reply raising preliminary objections and one of the objections, is that the petition, suffers from the vice of delay and laches for, the acquisition proceedings have attained finality in the year 1972 wherein challenge has been laid in the year 2017. It is the case of the respondent no.3 that the land bearing survey no.54/2 paiki, was acquired by virtue of the land acquisition proceedings for the purpose of New Civil Hospital and as a result whereof, Sec. 4 Notification was issued on 8/12/1970 for the land admeasuring 12112 sq. meters. Another Sec. 4 Notification was issued on 14/3/1972 for remaining land admeasuring 3064 sq. meters. Final Notifications under Sec. 6 came to be issued on 20/9/1972 and therefore, the entire survey no.54/2 paiki admeasuring 12112 sq. meters + 3064 sq. meters total admeasuring 15176 sq. meters, was acquired in the land acquisition proceedings. Since the proceedings were of 1970, the record have been disposed of as it was falling in 'B' category and therefore, no clear record is available with regard to the acquisition proceedings. It is also stated that on the basis of Kami Jasti Patrak it is clear that the whole survey no.54/2 paiki was acquired and on the basis of Durasti Patrak No. 27, entry no.972 was posted in the revenue record entering the name of New Civil Hospital. It is also the case of the respondent no.3 that the land has been acquired by the State Government after following the procedure under the Act of 1894 and it has vested in the State Government free from all encumbrances. Once the land has been vested in the State Government, the original land holders or any interested person in the land has no right over it. The respondent no.3, has also raised the objection to the effect that the petitioners apart from the captioned writ petition has also filed Regular Civil Suit No.134 of 2018 for the same subject matter.