VARASANGJI HALAJI THAKOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) IN this petition, under Articles 226 and 227 of the Constitution, the petitioners have prayed for a direction to grant compensation and also allot concession rate shop to the petitioner and his brothers in view of the acquisition of the petitioners' land for the Gandhinagar Capital Project. The petitioners have also prayed for a direction to grant to the petitioners half of the share out of the premium amount received by the Government of Gujarat towards each of the plot holders who has received concession rate plot and sold it out in open market.

(2.) THE petitioners' lands were acquired in the year 1960-70 under the Land Acquisition Act, 1894 for development of Gandhinagar City Project. According to the petitioners, the petitioners or their predecessors were not paid the compensation. According to the petitioners, the persons, who lost their lands for the above project, were to be given a residential plot at the concession rate of Rs. 10 per sq. mt. and also a job or a shop or an agricultural land. Learned Advocate for the petitioners relies on the identity card dated 3rd November, 1983 issued by the Collector, Gandhinagar indicating that the petitioners' predecessor was interested in securing a job from the Government as a land loser. Reliance is placed on the Government Resolution dated 14th August, 1987 at Annexure-B-1 to the petition.

(3.) THE petitioners have admitted in paragraph 3. 5 of the petition that they have already been allotted residential plot in Sector 26 of Gandhinagar City admeasuring about 81 sq. mt.