MOTIBHAI AMBABHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The instant writ petition has been filed seeking reliefs as under : -

(2.) The writ petitioners herein who claimed to be heirs and legal representatives of the original owner of the land bearing Survey No. 60, Village Sargasan, Taluka and District Gandhinagar admeasuring 25,448 sq. meters of land (hereinafter referred to as 'the land in question'), seek the above-noted relief on the premise that neither the physical possession of the acquired land (in-question) has been taken nor compensation has been paid. The land acquisition proceedings, would, therefore, lapse in view of Sec. 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabiliation and Resettlement Act, 2013 (hereinafter referred to as 'the Act, 2013).

(3.) The application for withdrawal being Civil Application No. 1 of 2023 in the main matter, i.e. writ petition has been filed by the petitioners supported with the affidavit of one of the writ petitioner stating therein that the petitioners do not want to pursue the writ petition as they seek to avail remedy under law by approaching the competent authorities. The statement in the affidavit (accompanying withdrawal application) is that the petitioners had executed Memorandum of Understanding (MoU) and Power of Attorney in favour of two persons namely Jayeshbhai Ambalal Patel and Ms. Heenaben Hareshbhai Patel. However, the said agreement had been cancelled by the petitioners on 9/6/2022 and the notice, in this regard, has been duly served upon the aforesaid persons. A copy of the notice of cancellation of Memorandum of Understanding and the Power of Attorney is appended therein.