THAKOR KAPURJI GODADJI Vs. SECRETARY (APPEALS)

JUDGEMENT

(1.) The Deputy Collector, (SIPU) scheme passed two different orders dated 08.09.2016, one for allotment of land admeasuring 5 acres to the private respondents of the first petition and the second is for allotment of land admeasuring 2 acres to the private respondents of the second petition as Dam (irrigation scheme) affected persons. This allotment of lands was from 7 acres of the land, which was divested from gaucher head and set apart from Block No.124/paiky situated at village Saripada, Tal. Palanpur, Dist. Banaskantha for the purpose of allotment to Dam affected persons.

(2.) The Special Civil Applications are filed under Article 226 of the Constitution to challenge the above orders passed by the Secretary.

(3.) As per the case of the petitioners, they are the agriculturists and their lands were acquired for Mukteshwar Irrigation Scheme (Dam) and being affected persons on account of such irrigation scheme, they became entitled for the benefits of allotment of land under the Rehabilitation Scheme of the Government and therefore, the Deputy Collector made proposal for allotment of land to them, pursuant to which, the Collector vide order dated 27.10.2008 granted them vacant land admeasuring 7 acres ('the land in question) from land bearing Block No.124/paiki situated at village Saripada, Taluka Palanpur, District Banaskantha. It is their further case that for the lands allotted to them, their names were entered in the revenue record under Entry No.843 on 24.2.2009 and since then, they have been enjoying all rights in land in question.