CHANDRAKANTBHAI P PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE land of the petitioner was acquired in the year 1976. The petitioner was happy with that acquisition and had no problem until in the year 2006 he made a representation requesting the authorities to re -grant the land to him on the basis of a resolution, a copy of which is produced at Annexure - C. The petitioner is pressing into service a communication dated 10.10.2005, a letter addressed to the Principal Secretary from Sardar Sarovar Narmada Nigam Ltd. (SSNNL). He is also pressing into service another letter dated illegible of October 2005 addressed to the Deputy Secretary (Land Acquisition), Revenue Department, and states that the Government of Gujarat as back as on 31.5.2006 wrote letter to the Collector of Ahmedabad, Chairman of Ahmedabad Urban Development Authority, Collector of Gandhinagar and Chairman of Gandhinagar Urban Development Authority. All these are pressed into service to say that the land is not utilized for constructing canal and, therefore, it should now be re -granted to the petitioner. Since the acquisition is of the year 1976, this Court has reason to believe that one generation must have passed in in the span of 38 years. The petitioner then filed a petition before this Court. It was SCA No.1510 of 2010 which came to be disposed of by this Court (Coram: Hon'ble Mr.Justice A.L.Dave, as His Lordship then was, and Hon'ble Mr.Justice Mohinder Pal). It is important to note that the order is only as under: "In view of the fact that the representations made by the present petitioners on 13.7.2006 for regrant of the land is pending consideration before the respondent authorities, this petition is not entertained. The petition stands disposed of accordingly. It would be reasonable to expect from the espondent authorities to take decision on the representation within reasonable time, viz., six months from today."

(2.) THE petitioner then approached this Court by filing an application alleging contempt against the authorities, being MCA No.2919 of 2012, which came to be disposed of by this Court (Coram: Hon'ble Mr.Justice D.H.Waghela, as His Lordship then was, and Hon'ble Mr.Justice G.R.Udhwani) by order dated 06.12.2012, and the Hon'ble Court was pleased to observe as under:

(3.) THE learned advocate for the petitioner submitted that he has filed this petition because the Division Bench hearing the contempt matter did observe as under: