KRISHNAMURARILAL G AGARWAL Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners have filed this petition under Article 226 of the Constitution of India seeking direction to the respondent No.2 to release from acquisition and restore possession of the lands belonging to the petitioners bearing Survey No. 346/3,- 350/1 and 351 situated at village Thaltej, Dist. Ahmedabad, admeasuring about 16,672 Sq. Mts. (hereinafter referred to as 'the subject land'). The petitioners have also prayed for writ of prohibition against the respondent Nos.2 and 3 restraining them from allotting the subject land to any person or using it for any purpose whatsoever. The petitioners 'have also prayed for directions to the respondent Nos.4 and 5 to make due provision for service of notice, affording opportunity of hearing and provide for compensation or transfer of rights of the petitioners in the subject land by way of compensation and/or allotment of reconstituted/Final Plot, in the Town Planning Scheme No. 37/38, (Thaltej,

(2.) The factual profile as it emer ges from the memo of the petition is that-the Executive Engineer (Construction) of the respondent No.l had proposed by his letter dated 22.05.1981 to acquire certain agricultural lands at Thaltej admeasuring about 5,00,000 Sq. Yds. situated at village Thaltej, Tal. Daskroi, Dist. Ahmedabad for the purpose of constructing Inland Container Depot at Ahmedabad. On behalf of the respondent No.l which was the acquiring body, acquisition proceedings were initiated by the respondent No.2 and on 30.07.1981, a Notification under Section 4 of the Land Acquisition Act, 1894 was published in the Official Gazette to the effect that certain lands admeasuring about 5,00,000/- Sq, Yds., including the subject lahd, were likely to be needed for the purpose of construction of an inland container depot for Western Railway. Thereafter, on 01.12.1981, the respondents published a declaration under Section 6 of the Act for acquisition of the said land.

(3.) It is the case of the petitioners that all the land owners of the land proposed to be acquired, filed writ petitions in this Court challenging the acquisition proceedings on the ground, inter alia, that land belonging to the State Government was available for the purpose of respondent No.l at village Sola and village Chharodi and It was, therefore, unreasonable for the respondent Nos. 1 and 2 to acquire private lands for the said purpose. The petitioners were Informed that the said contention raised in the writ petition of land owners of about 3,00.000 Sq. Yds. of land was accepted by the Court and thereafter, the respondent No.l constructed and established the Inland Container Depot at village Jamiatpur and village Khoraj -Khodiyar. It is, further, stated that the petition in respect of other lands, including the subject land was not accepted and thereafter, the Additional Special Land Acquisition Officer made an award on 23.09.1986 granting an amount of Rs.21,25 per Sq, Mts. as compensation for the lands to be acquired. The petitioners have received the amount under the award under protest and, thereafter, the respondent No.1 took over possession of the said land in or about October, 1986 which was handed over by the petitioners under protest. The relevant entries in the revenue records were mutated and the name of the respondent No.l was entered as the owner in respect of the subject land.