BALDEVJI SHAKRAJI THAKOR Vs. COLLECTOR

JUDGEMENT

(1.) By means of filing this writ application under Article 226 of the Constitution of India, the petitioners - legal heirs and representatives of the deceased Shanaji Raijiji Thakore have inter alia prayed for grant of the following relief :

(2.) This the second round of litigation at the hands of the petitioners who are heirs and legal representative of the the deceased farmer whose agricultural land came to be acquired by the State of Gujarat for Gandhinagar Capital Project. Earlier, Special Civil Application No. 8786 of 2009 preferred by the petitioners came to be withdrawn with a liberty to file a fresh comprehensive petition by placing on record the policy of the State Government, upon which heavy reliance was placed upon by the petitioners.

(3.) Now, when the comprehensive policy of the State is brought on the record, the petitioners' father, whose agricultural land bearing Khata No. 157, was acquired by the State for Gandhinagar Capital Project, seeks rehabilitation under the said policy evolved by the State for the benefit of affected farmers. As per the said policy, the affected farmers are entitled to draw dual benefit against their acquired land. The said benefit includes service in the Government; plot, land and/or shop. Thus, each farmer, whose land was acquired under the Gandhinagar Capital Project, is entitled to any two benefits out of the aforesaid four for each khata of the agricultural land acquired. It is the case of the petitioners that the respondents have allotted agricultural land admeasuring 4 acres to their deceased father-Shri Shanaji Thakore vide Order dated 7th October 1971, however, possession as well as "Sanad" thereof is still awaited. So far as another benefit of government service to the grandson of Prahladji Thakore is concerned, it is the case of the petitioners that pending issuance of appointment orders, the beneficiary passed away on 30th October 2006, and hence, the second benefit could not be derived by the petitioners. It is further the case of the petitioners that when a representation dated 2nd July 2008 was made to the Collector, Gandhinagar requesting him to allot the land, the said authority in turn referred the matter to the Mamlatdar calling for the report to allot the land to the petitioners at village Palaj, bearing Survey No. 227, as the benefit of service to one of the petitioners could not be extended due to death of Prahladji Thakore, whose name was proposed for appointment then. In response to the said communication, the Mamlatdar vide its letter dated 8th August 2008 addressed to the petitioner no. 1 herein called upon certain details, which eventually have already been sent by them, and therefore, by an affidavit placed on record at Annexure I, the widow of said Prahlaji Thakore deposed that her deceased husband was not offered employment till his last breath of life, and therefore, the second benefit as envisaged in the policy of the State Government was yet to be given by the State Government. Being aggrieved and dissatisfied by the inaction on the part of the respondents in granting the second benefit to the petitioners for their rehabilitation, the petitioners have approached this Court praying for grant of aforestated relief.