VITHALBHAI BABUBHAI KUCHA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE prayer made in these petitions are common in nature, therefore, the prayer made in Special Civil Application Nos. 11247 of 2014 is extracted hereinbelow for convenience:

(2.) THE facts as emerge from the memo of the petition of Special Civil Application No.1124 of 2014 are that an agriculture land bearing Survey No.244/1 situated at village Mahuva, Taluka Mahuva, District Bhavnagar was owned and occupied by one Kalabhai Lakhmanbhai. It is the case of the petitioners that after the death of said Kalabhai Lakhmanbhai, the land survey No.244/1 and 233/p, came to be mutated vide revenue entry No.1028 in favour of legal heirs of original land owner. In the year 1991, the legal heirs of said Kalabhai Lakhmanbhai divided the entire parcel of land bearing survey No.244/1 interse, proportionate to their mutual agreement.

(3.) MR . Kavina, learned senior advocate appearing with Mr. Joshi, learned advocate for the petitioners has contended that in view of the provisions of Section 4 of the Right to Fair compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, the petitioners are entitled to get back their lands as the actual physical possession of the land in questions are not taken by the respondents.