MANGABHAI MOHANBHAI Vs. GENERAL MANAGER LANDS

JUDGEMENT

(1.) Rule. Mr.J.K.Shah, learned Assistant Government Pleader waives service of notice on behalf of the respondents. Having regard to the facts of the case, the petition is taken up for disposal today.

(2.) By filing the instant petition under Article 226 of the Constitution, the petitioners have prayed to issue an appropriate Writ or order directing the respondents to hand over possession of land admeasuring 0 Hectare, 70 Are and 94 sq.mt. of Survey No. 218 Paiki as well as land admeasuring 304 sq.mt. of Survey No. 216/2 Paiki, situated in the Sim of village Dhandhuka, Taluka: Dhandhuka, District: Ahmedabad, to them immediately. In the alternative, the petitioners have prayed to direct the respondents to initiate proceedings for acquiring the above-mentioned lands and declare award as well as pay the balance amount of compensation to them with running interest at the rate of 18% p.a.

(3.) The petitioners are the owners of land admeasuring 0 Hectare, 70 Are and 94 sq.mt. of Survey No. 218 Paiki as well as land admeasuring 304 sq.mt. of Survey No. 216/2 Paiki, situated in the Sim of village Dhandhuka, Taluka: Dhandhuka, District: Ahmedabad. A proposal was sent by the Executive Engineer, Surendranagar, to acquire the lands of the petitioners for the public purposes of, (1) construction of observatory station, (2) construction or Rest House in Narmada Vasahat, (3) construction of workshop and garage to maintain vehicles needed for the purpose of maintaining Vallabhipur - Botad branch canal and (4) construction of offices/ residential units for employees. The respondents made a proposal to the petitioners to hand over possession of the lands needed for the abovereferred to purposes and promised them to make payment of advance compensation. Placing implicit reliance on the promise made by the respondents, the petitioners handed over possession of the part of Survey No. 218 on January 15, 1991 and of Survey No. 216/2 on January 25, 1991. As assured, the petitioners were paid advance amount of compensation of Rs. 2,30,679/- on July 6, 1991. However, thereafter, the respondents did not initiate any proceedings to acquire the lands of the petitioners. The petitioners therefore, along with the forwarding letter dated July 12, 2006, sent back the drafts for the amount received by them as advance compensation and demanded that possession of the lands be restored to them. However, the said drafts were sent back to the petitioners as correspondence relating to the lands in question was going on between different Departments. On December 8, 2006, the General Manager (Land) Sardar Sarovar Narmada Nigam Limited, wrote a letter to the Executive Engineer, Dhandhuka, that the lands in question were not needed for the public purposes mentioned earlier and therefore, possession of the lands should be handed over to the petitioners. The grievance made by the petitioners in the instant petition is that in spite of the said letter, possession of the lands is not handed over to them. Under the circumstances, the petitioners have filed the instant petition and claimed the reliefs to which reference is made earlier.