MALEK ISMAIL NOORBHA ALBHA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition under Article 226 of the Constitution of India, the respective petitioners original land owners whose lands have been acquired as far as back in the year 199798 acquired under the provisions of Land Acquisition Act, 1894, acquired for Sardar Sarovar Narmada Nigam Limited for construction of Canal Anti Minor-1, for an appropriate writ, direction and order holding that the notice dated 19.01.2016 to take possession of the land for Canal Anit village undertaken by the respondents on the basis of Award dated 28.09.1999 is ultra vires and bad in law.

(2.) At the outset, it is required to be noted that this is the third round of litigation by the petitioners and others with respect to same subject matter and project and earlier twice the petitioners have lost before this Hon'ble Court. At the outset, it is required to be noted that earlier the petitioners and the others challenged the impugned acquisition of the lands acquired for the construction of Anti Minor-1 Irrigation Canal, of village Anti, Tal: Padra, Dist. Vadodara by way of Writ Petition (PIL) No. 20 of 2012. That by order dated 22.08.2014 the Division Bench of this Court dismissed the said writ petition by observing in para 3 as under:

(3.) That thereafter, again when the acquiring body started constructing Canal, again petitioners preferred Special Civil Application No. 412 of 2015 and prayed for following reliefs: