NAVUBA JORUBHA UDESANG Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of present petition filed under Article 226 of the Constitution of India, following prayers have been made :-

(2.) It is the case of the petitioners that they are owners and occupiers of Survey No. 1506 of Village Sanand, Taluka and District Ahmedabad. The respondents have acquired land for the purpose of laying down Narmada Canal. After following the procedure, the award was declared by the respondent officer, in which the lands belong to the petitioners was shown as if the same is acquired. However infact the canal has been laid down in other Survey number and no land from the survey no. 1506 was acquired, however, through oversight and bona fide mistake the said survey number has been shown as if the same is acquired and award was declared in the year 2011. Immediately, the petitioner approached the authority for correcting the same, however, till date no steps have been taken.

(3.) The matter was admitted in the month of September, 2022. When the matter is called out for hearing, learned AGP Mr. Utkarsh Sharma has placed a communication dtd. 12/4/2023 signed by Deputy Collector and Land Acquisition Officer, Narmada Yojana, Ahmedabad addressed to Office of Government Pleader, High Court of Gujarat, by which it has been declared that appropriate orders are required to be passed since the land belong to the petitioners, is actually not acquired, however, it would not be possible to modify the award at this stage. However, the said communication also discloses that the procedure to pass appropriate order about deleting the land from the acquisition is going on.