PATEL DAKSHESHKUMAR HASMUKHBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Though the matter is listed for admission, by consent of learned advocates, it is taken up for final disposal, since learned counsel appearing for petitioners submits that it would suffice if a direction is issued to 2nd respondent to consider their representation dtd. 29/9/2021 (Annexure-E).

(2.) Petitioners claim to be the owners of land bearing Survey No.151/2 paiki 1 situated at Moje-Bhameya, Taluka- Godhara, District Panchmahals admeasuring 0/99/15 Hectare- Are-Sq.Mtrs. and also claim that said land was never the subject matter of any acquisition and adjacent land bearing Survey No.151/1 paiki 1 of same Village, Taluka and District admeasuring 11165 Hectare-Are-Sq.Mtrs. was proposed to be acquired for construction of Delhi-Vadodara Expressway NH/184 and by notification issued under sec. 3A(1) dtd. 6/8/2018 and notification issued under Sec. 3(D)(1) dtd. 28/6/2019, the lands mentioned therein came to be acquired. It is also stated that in respect of the land which was acquired, award has been passed and compensation has also been paid.

(3.) Contending that property bearing Survey No.151/2 paiki 1 was never the subject of acquisition as evident from the award, petitioners claim that respondent authorities have entered upon said property and best efforts putforth by the petitioners to restrain the respondents from entering the property, has been in vain. Since no compensation has been paid in respect of land bearing Survey No.151/2 paiki 1, a representation is said to have been submitted by petitioners on 29/9/2021 (Annexure-E) requesting the authorities not to interfere with the possession of petitioners in respect of said property namely, Survey No.151/2 paiki 1 and as such, present Special Civil Application has been filed.