THAKOR DEVUJI JESUNGJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr.S.P. Majmudar, learned advocate for the petitioners and Ms. Hetal Patel, learned Assistant Government Pleader for the Respondent State and its authorities.

(2.) Having heard learned counsels for the parties and perused the record, we may note that the land in question, viz. Survey No. 84/1 P3 (New Survey No.469) admeasuring 1/7/27 sq. mtrs. situated at village Akhol Moti, Taluka Deesa, District Banaskatha, has been acquired by proceeding under the Land Acquisition Act, 1894. With the publication of the Notifications under Sec. 4 and 5 dtd. 3/5/2000 and 18/8/2000; respectively, under the Land Acquisition Act, 1894 (hereinafter referred to as 'the Land Acquisition Act'). The Award for the land in question has been declared on 19/2/2002.

(3.) The learned counsel for the petitioners has invited attention of the Court to the judgment and order dtd. 17/2/2016 passed by this Court in Special Civil Application No. 18370 of 2015 wherein this Court has held that the acquisition proceedings with respect to the land in question therein, viz. Survey No. 85 (similarly situated land) had been lapsed by virtue of Sec. 24(2) of the 2013 Act. The submission, thus, is that once acquisition proceedings have been held to have been lapsed with respect to the adjoining land, viz. Survey No.85, the same principles are required to be followed, to release the land in question viz., Survey No.84/1 in favour of the petitioners, inasmuch as, the possession of the land in question has not been taken by the State Government.