JUDGMENT : M.R SHAH, J. By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for an appropriate writ, direction and order quashing and setting aside the impugned Notifications Nos. CB/LAQ/SR-1/1989 dated 26.02.1989 and AM-90-79-M-LGN-1490-628-KH dated 24.04.1990 issued under Section 4/6 of the Land Acquisition Act, 1894 (hereinafter referred to as “Act”) [Annexure-B] insofar as it sought to acquire the land of the petitioner under the provisions of the Act. The petitioner has also further prayed for an appropriate writ, direction and order to quash and set aside the new alignment of Por-Kudasan road passing through the land of the petitioner and to restrain the respondents from implementing the said notifications and from taking any action pursuant to the same. The petitioner has also prayed for a writ of prohibition restraining the respondents from taking possession of the lands from Southern Boundary area of Block No. 457 in excess of H.A Sq. Mtr. 0-04-04 as notified for acquisition under the impugned notification. 2. Facts leading to the present Special Civil Application in nut-shell and the chronological dates and events are as under: (2.1) That technical sanction was granted for construction of straight-line Por-Kudasan road on 22.09.1971 A notification under Section 4 of the Act was issued on 31.03.1973 to acquire the lands needed for the Por-Kudasan road. That joint measurement was done for construction of the Por-Kudasan road on 26.06.1974 That one Varavabhai Dhanabhai Parmar made an application on 04.07.1974 for change of alignment in road as his so-called house was going in acquisition. That vide communication/representation dated 16.07.1974, the said Varavabhai also made the same request before the Hon'ble Governor of Gujarat for shifting the alignment line for construction of the road. That by communication dated 07.09.1974, the office of the Hon'ble Governor of Gujarat gave reply that now there is no possibility of shifting of alignment in road line. That one Somabhai Solanki and one Dharasabhai Narsinhbhai Makvana on behalf of the aforesaid Varavabhai gave an application to the Secretary to the State for change in the alignment of the road with a view to save the house of the said Varavabhai. By communication dated 25.03.1976 the State Government replied stating that now there is no possibility of shifting of the alignment of the road and therefore, his application cannot be granted. By communication dated 25.03.1976 the State Government replied stating that now there is no possibility of shifting of the alignment of the road and therefore, his application cannot be granted. That possession of the land owners whose lands were coming in between for making the straight road was taken on 02.02.1977 That despite the above, again in the year 1980, the aforesaid Varavabhai met the concerned Minister (R & B) for making change in the alignment in line. Again his application was turned down. That one Mafatbhai Nathabhai Desai again on behalf of the aforesaid Varavabhai gave an application to the Superintendent Engineer. Again the said application was turned down on the ground that there is no possibility of change in alignment. One another application dated 09.07.1980 was made by the aforesaid Mafatbhai addressed to the Secretary, R & B Department, Gandhinagar regarding the change in the alignment on road line. Vide communication dated 25.07.1980 again his application was turned down. Despite the above one another application was made by the aforesaid Varavabhai Parmar to the concerned Minister (R & B). The concerned Minister (R & B) visited the site on 28.07.1980 and asked for the report of possibility of change in alignment line so as to save the so-called house of Varavabhai Parmar. To the aforesaid a report was submitted by the concerned authority stating that if there is a change in alignment with a view to save the so-called house, in that case the length of road will be increased by 15 meter and from survey Nos. 333 and 332 the land of northern side of these two survey numbers are going in acquisition, but if the alignment is changed, in that case the land of southern side of the same survey Nos. 333 and 332 will be required to be acquired. That thereafter there was correspondence between the concerned Department in furtherance of the change in the alignment. The Executive Engineer wrote a letter to the Deputy Secretary stating in his letter dated 17.07.1981 that owners of Block Nos. 461 and 457 paikee survey No. 30 are not ready to give any consent to acquire their land in question (which was proposed to be acquired on the change of alignment). That in the year 1982 the authority passed a final award for acquired land which were originally acquired at the beginning stage of Varavabhai and others. 461 and 457 paikee survey No. 30 are not ready to give any consent to acquire their land in question (which was proposed to be acquired on the change of alignment). That in the year 1982 the authority passed a final award for acquired land which were originally acquired at the beginning stage of Varavabhai and others. Not only that even the reference under Section 18 of the Act was made to the concerned District Court at the instance of Varavabhai and others against LAQ Case No. 20/1983 for enhancement in the compensation amount. That on 20.08.1983, the learned Reference Court passed an award granting additional compensation at Rs.13.75/- per sq. meter to Varavabhai and others. The judgment and award passed by the learned Reference Court was carried before this Court by way of First Appeal No. 2107/1985 and this Court disposed of the same by granting some additional interest, by order dated 11.02.1986 (2.2) That the matter does not end there. It appears that despite the above, efforts by the aforesaid Varavabhai to change alignment was continued. The Minister of R & B visited the site and directed the concerned Officer to give the report for utilization of the Nalia. Once again as per the direction by the concerned Minister of R & B, joint measurement of the site was done on 26.10.1988 That on 26.02.1989, a new Section 4 notification came to be issued from the blue line shown in the map by which the land ad-measuring 0-04-04 H.A Sq. Meter of Block No. 457 is sought to be acquired, belonging to the original petitioner, which is impugned. That thereafter a notification under Section 6 of the Act was issued on 24.04.1990 The new Sections 4 & 6 Notifications by which the land of the petitioner out of the land bearing Survey No. 457 ad-measuring 0-04-04 H.A Sq. Meter is sought to be acquired now on re-alignment of the road, is the subject matter of the present Special Civil Application. 3. Meter is sought to be acquired now on re-alignment of the road, is the subject matter of the present Special Civil Application. 3. Shri. Shital Patel, learned advocate appearing on behalf of the petitioner (now the heirs of the original petitioner and owner of the land bearing Survey No. 457) has vehemently submitted that the impugned notifications under which now the land of the petitioner is sought to be acquired for construction of the Por-Kudasan road on re-alignment of the road is absolutely illegal, malafide and most arbitrary and only with a view to favour the aforesaid Varavabhai Parmar, whose land was earlier acquired for construction of the Por-Kudasan road. 4. It is submitted that despite the fact that in his request and the request made by others on his behalf was earlier turned down, for realignment of the straight road, thereafter only with a view to favour him subsequently after a period of 10 years and after the entire acquisition proceedings pursuant to the earlier land acquisition proceedings were concluded, on re-alignment of the straight line, the impugned notifications have been issued to acquired the land of the petitioner for construction of the Por-Kudasan road as per the re-alignment. 5. It is further submitted by Shri. Patel, learned advocate appearing on behalf of the petitioner that as such by re-alignment of the straight line Por-Kudasan road for which earlier the land acquisition proceedings were concluded including the award under Section 11 of the Act and disposing of the references under Section 18 of the Act, there will be a curve in the road which even otherwise shall not be in the larger public interest. It is submitted that as per the earlier proposal and the acquisition, there was a straight line road. It is submitted that only with a view to favour the aforesaid Varavabhai whose land was going under acquitting for construction of the straight line Por-Kudasan Road, the re-alignment has been made after a period of 10 to 15 years and the impugned notifications are issued under which the land of the petitioner ad-measuring 0-04-04 H.A Sq. Meter out of the land bearing Survey No. 457 is sought to be acquired. 6. It is submitted that as such earlier on number of occasions different authorities including the Hon'ble Governor and even the concerned Ministers and the Departments turned down the request for re-alignment of the Por-Kudasan road. Meter out of the land bearing Survey No. 457 is sought to be acquired. 6. It is submitted that as such earlier on number of occasions different authorities including the Hon'ble Governor and even the concerned Ministers and the Departments turned down the request for re-alignment of the Por-Kudasan road. However, it is submitted that after a period of 10 to 15 years there is re-alignment of the Por-Kudasan road and the alignment has been changed and now the straight line road would have curve. Therefore, it is submitted that the impugned notifications are nothing but colourable exercise of power issued with a view to favour the only one person viz. Varavabhai and on re-alignment of the straight line road which can be termed as most arbitrary, illegal and violative of Article 14 of the Constitution of India. 7. Making above submissions it is requested to allow the present petition and quash and set aside the impugned notifications and consequently restrain permanently the concerned Department from taking possession of the petitioner. 8. Shri. Rakesh Pat” learned Assistant Government Pleader has appeared on behalf of the State. He has submitted that as such because of the stay granted by this Court, as on today there is already a new road constructed from Naliya, however not from the land of the petitioner and/or the land mentioned in the impugned notifications. 9. However, so far as the impugned notifications are concerned and the action of the concerned respondents in re-alignment of the straight line Por-Kudasan road despite the fact that earlier the proceedings under the Act were concluded including declaration of the award and disposing of the reference under Section 18 of the Act, road alignment has changed, he is not in a position to satisfy the Court at all. He has not been able to point out any justification for such change of alignment which as such was earlier turned down by the Department concerned and even Hon'ble The Governor. 10. He has not been able to point out any justification for such change of alignment which as such was earlier turned down by the Department concerned and even Hon'ble The Governor. 10. Having heard the learned advocates appearing for respective parties and considering the aforesaid undisputed facts and circumstances, we are of the opinion that impugned notifications by which the land of the petitioner/s out of the land bearing Survey No. 457 is sought to be acquired for straight line Por-Kudasan road cannot be sustained and the same is nothing but a colourable exercise of powers and most arbitrary and only with a view to favour one person viz. Varavabhai Parmar. It is not in dispute that earlier the land acquisition proceedings to acquire the lands needed for straight line Por-Kudasan road was completed under which some portion of the land of aforesaid Varavabhai was also acquired along with other persons. The land acquisition proceedings were already concluded. Even section 11 award was also declared. At the instance of the aforesaid Varavabhai and others even the land reference was made to the District Court to enhance the amount of compensation and even the amount of compensation was enhanced, which was further carried to this Court by way of First Appeal and even the said First Appeal came to be disposed of by awarding additional interest. Despite the above and after a period of approximately 10 to 15 years and despite the fact that earlier all efforts to change of alignment were rejected, the impugned notifications has been issued for re-alignment of the straight line Por-Kudasan road, which cannot be sustained. It is required to be noted that even as per the earlier order there is a change in the alignment of straight line Por-Kudasan road and if the re-alignment is permitted as suggested now instead of straight line road, there shall be a curve and not only that but the length of the road is likely to be increased by 15 meter which shall not be in the larger public interest. It is always advisable that there is a straight line road other than the road having curve. Under the circumstances also, the impugned notifications and the action of the respondents in re-alignment/change in the alignment of straight line Por-Kudasan road cannot be sustained and the same deserve to be quashed and set aside. 11. It is always advisable that there is a straight line road other than the road having curve. Under the circumstances also, the impugned notifications and the action of the respondents in re-alignment/change in the alignment of straight line Por-Kudasan road cannot be sustained and the same deserve to be quashed and set aside. 11. In view of the above and for the reasons stated above, present Special Civil Application succeeds. Impugned Notifications Nos. CB/LAQ/SR-1/1989 dated 26.02. 1989 and AM-90-79-M-LGN-1490-628-KH dated 24.04.1990 issued under Section 4/6 of the Land Acquisition Act, 1894 by which the land of the petitioner out of the land bearing Survey No. 457 admeasuring 0-04-04 H.A Sq. Meter is sought to be acquired are hereby quashed and set aside and the action of the respondents in re-alignment/change in the alignment of straight line Por-Kudasan road is hereby quashed and set aside. The respondents are hereby permanently restrained from taking the possession of the land of the petitioner out of the land bearing Survey No. 457 admeasuring 0-04-04 H.A Sq. Meter pursuant to the impugned notifications which as such are quashed and set aside. Rule is made absolute to the aforesaid extent. In the facts and circumstances of the case, there shall be no order as to costs.