PRAVINKUMAR RANCHHODBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) As both these petitions involve common issue, they are heard together and disposed of by this common order. For the purpose of disposal, facts are drawn from Special Civil Application No. 5141 of 2018.

(2.) Special Civil Application No. 5141 of 2018 is filed with the prayers, which read as under:

(3.) Land of the petitioners in various survey numbers admeasuring 0 Hectare 95 Are 56 Sq. Mts., situated in village-Sanand, Taluka-Sanand, District-Ahmedabad, was acquired under the provisions of the Land Acquisition Act,1894. The notification under section 4(1) of the Land Acquisition Act, 1894 ("the Act" for short) was published on 12th June, 2010 and the declaration under section 6 of the Act was published in the Gazette on 15th December, 2010. Thereafter, no award was passed. It is the case of the petitioners that, even prior to initiation of proceedings under the Land Acquisition Act, 1894, possession of the land was taken to utilise the same for public purpose, viz. for construction of Narmada Canal of Goraj Minor- 1 of Sanand Distributary Under Sardar Sarovar Narmada Nigam Ltd. It is the grievance of the petitioners that, in spite of taking possession of the land of the petitioners and same was utilized for public purpose, respondent no.2 has passed award. It is stated that, some of the petitioners were paid part of compensation on ad hoc basis.