VAVADIYA PRAVINKUMAR PARSHOTAMBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Draft amendment is allowed. By way of this petition under Article 226 of the Constitution of India petitioners have prayed for the following reliefs;

(2.) The facts leading to the present Special Civil Application in nutshell are as under;

(3.) The present petition is opposed by Shri Dhawan Jayswal, learned Assistant Government Pleader appearing on behalf of the State. It is vehemently submitted by Shri Dhawan Jayswal, learned Assistant Government Pleader that the land in question came to be acquired under the Land Acquisition Act, 1894 as far back as in the year 1970. The award came to be declared in the year 1970. The petitioners/original owners were paid the compensation under the award. It is further submitted that even the possession of the land in question was also taken over in the year 1970. It is submitted that therefore once the award was declared under section 11 of the Land Acquisition Act, 1894 and the original owners were paid the compensation as per the award and even possession of the land in question was also taken over in the year 1970, considering section 16 of the Land Acquisition Act, 1894 the land in question absolutely vests with the acquiring body, and therefore, the petitioners have no right, title or interest in the land in question. It is submitted that therefore the petitioners have no locus to file the present petition with respect to the land in question. It is further submitted by Shri Dhawan Jayswal, learned Assistant Government Pleader that in view of the aforesaid facts and circumstances of the case, as per Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, the old Land Acquisition Act, 1894 shall be applicable and/or the same shall hold the field. It is submitted that under the old Land Acquisition Act, 1894, there is no such provision of re-grant.