MOHMED SULEMAN KOYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr. D.N. Patel, learned Incharge Government Pleader waives service of notice of rule on behalf of respondents no.1 & 2. Mr. M.B.Gandhi, learned Counsel waives service of notice of rule on behalf of respondent no.3. At the joint request of learned advocates appearing for the parties, the petition is taken-up for final hearing today.

(2.) By means of filing this petition, the petitioner has prayed to issue a writ of mandamus or any other appropriate writ, order or direction declaring that the action of the respondents in not restoring land bearing survey no.564 paiki situated at village Kosamdi, Taluka : Ankleshwar, District : Bharuch to the petitioner, is arbitrary, illegal, null and void.

(3.) The land in question was acquired on the basis of publication of notification issued under section 4(1) of the Land Acquisition Act, 1894 on 24/06/1981. The acquisition was completed and possession of the land was taken in the year 1982. The petitioner through this Special Civil Application seeks restoration of land to him on the ground that the land has not been put to the actual use for which it was acquired. The law is well settled on this ground and the acquired land cannot be restored to the petitioner, as it has vested in the State Government. In the alternative, learned Counsel for the petitioner has submitted that this land is given by the State Government to the G.I.D.C. and the G.I.D.C. makes re-allotment of the land. In case any such procedure is going on and the petitioner's application is pending or in case the petitioner moves such an application before G.I.D.C. for re-allotment of the land, the same may be considered in accordance with the policy of G.I.D.C. and law within a reasonable time, but not later than a period of six months from the date of receipt of the application. With the above observations, the petition is dismissed. Rule is discharged, with no order as to costs.