KUNVARBEN DEVRAJBHAI NASIT W/O RAMJIBHAI DAHYABHAI VADARIA Vs. PRINCIPAL SECRETARY, REVENUE DEPARTMENT

JUDGEMENT

(1.) By way of this petition under Article 226 of the Constitution of India, the petitioners claiming to be heirs and legal representatives of the original owners have prayed for an appropriate writ, direction and order to regrant the land bearing revenue survey no. 57 of village Thorada Tal and Dist. Rajkot.

(2.) The facts leading to the present petition in nutshell are as under: 2. 1. That the land bearing Survey No. 57 of village Thorada, Tal: Rajkot came to be acquired under the provisions of Land Acquisition Act, 1894 in the year 1962 for Seed Farm for Department of Agriculture and Cooperation. That at the relevant time, in the year 1962, the award under section 11 of the Land Acquisition Act was declared and the original land owners was paid the compensation which came to be accepted. That at the relevant time the possession of the land in question was also taken over and same came to be used thereafter for Seed Farm. It appears that thereafter for Seed Farm. It appears that thereafter in the year 2001, the Seed Farm Thorada came to be closed and therefore, name of Government was mutated in the revenue record and the land was handed over the Collector, Rajkot. That the Collector on behalf of the State Government took the possession of the land in question in the month of July 2005. That thereafter, as the land in question was needed for another public purpose i.e. Tourism Department, State of Gujarat and therefore, the land in question was allotted to the Tourism Department for development of Tourism and Convention Center. By mutation entry no. 1136 dated 24.11.2008 the name of Tourism Department was mutated in the revenue records. That thereafter, the petitioners have preferred Special Civil Application in the year 2017 to regrant the land in question to them on the ground that the land in question is not needed for the purpose for which, it was acquired i.e. Seed Farm and that now the land is allotted to the Tourism Department.

(3.) Shri Somaiya, learned advocate for the petitioners has vehemently submitted that as the land in question has remained in use for more than 40 years after the same was acquired and even now possession has been taken in the year 2008 to handover the possession to the Tourism Department the purpose for which land in question has been acquired has frustrated and/or the land in question is needed for the purpose for which, it was acquired and therefore, the land be regranted to the petitioners for agricultural activities. It is submitted by Shri Somaiya, learned advocate for the petitioners that the petitioners are ready and willing to return the amount of compensation with interest which was paid to predecessors. No other submissions have been made. Making above submissions, it is requested to allow/admit the present petition.