JAGDISHBHAI ISHWARBHAI DALWADI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Petitioner has prayed for a declaration that the acquisition of land bearing part of Survey No. 115/A/1 admeasuring 1 acre 20 gunthas is bad in law and the object of acquisition having failed, the Collector should return the land back to the petitioner.

(2.) Brief facts are as under: The petitioner claims ownership right over the land bearing Survey No. 115/A/1 admeasuring 3 acres 29 gunthas of village Kapadwanj along with other co-owners. A part of such land admeasuring 1 acre 20 gunthas was acquired under award dated 16.07.1956 for Prajapati Community for extracting soil. For such purpose, the acquired land was granted to one Nadhi Darwaja Prajapti Gnati Panch, Kapadwanj. It is not in dispute that possession of such land was also handed over to such Panch. Many years later, the petitioner found that one Manilal, purportedly acting on behalf of such Panch, had executed an agreement to sell on 05.01.1998 for sale of the land by accepting earnest money deposit of Rs.5,000/-. The purchaser had also filed Civil Suit No. 6 of 1998 seeking specific performance of such agreement which was later on converted into Special Civil Suit No. 100 of 2004. According to the petitioner, that suit came to be dismissed for non-prosecution on 20.09.2006.

(3.) Be that as it may, the petitioner applied to the Collector, Kheda on 06.08.2013 and brought to his notice that in the past an attempt was made to sell the land for a consideration of Rs.2,02,250/-. However, the suit for specific performance was dismissed. It was stated in the application that the Panch is not using the land for which it was granted. No such use was ever made. The petitioner is ready to return the amount of compensation with interest as may be directed, subject to which the land may be returned to the petitioner.