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2021 DIGILAW 264 (GUJ)

Ranmalsinh Dahyabhai Parmar v. State of Gujarat

2021-03-24

GITA GOPI, SONIA GOKANI

body2021
ORDER : Sonia Gokani, J. 1. By way of present petition the extra-ordinary jurisdiction of this Court under Article 226 of the Constitution of India, is invoked by the petitioner, who is the owner and occupier of the land ad-measuring Hector RA sq.mtrs 2-43-82 of Survey No. 232/2 of Village Paanchdewla, Taluka Waghodiya, Vadodara. Various lands of the said village had been acquired for construction of Vadodara-Halol Four-lane Highway in the year 1997. 1.1 It is not disputed that by way of Acquisition Case No. 16/97, an award dated 26.11.1997 came to be passed under Section 11 of the Land Acquisition Act. The amount of Rs.20,100/- (Twenty Thousand One Hundred only) has been paid towards compensation to the petitioner by the Land Acquisition Officer. However, since the Revenue Survey No. 232/2 was not utilised and was not required for the purpose of highway, the physical possession continued to remain with the petitioner and he was directed to deposit the amount of compensation. On 08.09.1999 and 30.9.1999 the petitioner deposited a total sum of Rs.20,100/- (Twenty Thousand One Hundred only) in two instalments with the respective concerned authority. 1.2 Thereafter on 05.10.2019, an application was made by the petitioner seeking permission for converting the land into non-agricultural land in respect of entire parcel of land admeasuring Hector RA sq. mtrs i.e. 2-43-82. The Collector, Vadodara, on 13.01.2020 has given N.A. permission to the land Survey No.232/2 ad-measuring Hector RA sq. mtrs i.e. 2-13-82 only but did not grant N.A. Permission of the land admeasuring Hector RA sq.mtrs 0-30-00 for the obvious reason that the part of the land which was acquired for the aforesaid purpose. For that parcel of land, aggrieved by the said decision, the petitioner is before this Court seeking following reliefs : “8(A) Be pleased to admit this petition. (B) Be pleased to issue appropriate writ, order or direction and be pleased to direct the concerned respondents to undertake the necessary procedure for carrying out the inquiry in respect of actual geographical location and situation land ad-measuring Hector RA sq. Mtrs 0-30-00 of survey no. 232/2 situated in village Paanchdewla, Taluka – Waghodiya, Vadodara and the Hon'ble Court may kindly issue appropriate writ, order or direction upon the concerned respondents to undertake the necessary procedure for releasing the aforesaid land for acquisition proceedings in connection with the land acquisition case no. Mtrs 0-30-00 of survey no. 232/2 situated in village Paanchdewla, Taluka – Waghodiya, Vadodara and the Hon'ble Court may kindly issue appropriate writ, order or direction upon the concerned respondents to undertake the necessary procedure for releasing the aforesaid land for acquisition proceedings in connection with the land acquisition case no. 16/97 and the concerned respondents may kindly be further directed to pass appropriate order for releasing the land admeasuring Hector RA sq. Mtrs 0-30-00 of survey no. 232/2 in favour of the petitioner. (C) Be pleased to issue appropriate writ or direction and be pleased to direct the respondents to consider and decide the application/representation dated 11/02/2020 (15/02/2020) and the same may kindly be considered and decided as expeditiously as possible in the interest of justice the same may kindly be ordered to be considered and decided, considering the sketch and hissa form no. 4 duly prepared and issued by District Survey Office, Vadodara. (D) By way of interim order be pleased to direct the respondents to consider and decide the application/representation dated 11/02/2020 (15/02/2020) pending admission and final hearing of the present petition. (E) Your Lordship may be pleased to grant such orders as thought fit in interest of justice.” 2. On 17.02.2021 this Court directed the learned AGP to furnish the details as to whether the land bearing Survey No. 232/2 belonging to the petitioner was ever acquired and was forming part of the award dated 26.11.1997 passed in Land Acquisition Case No. 16 of 1997. 3. Today learned AGP has submitted the report of the Special Land Acquisition Officer and Additional Collector wherein it has been fairly admitted that this parcel of the land is freed from the process of land acquisition under Section 48(1)(2) of the Land Acquisition Act, 1894. The Collector, Vadodara, after receiving the proposal from the Executive Engineer, shall forward the same to the Revenue Department which thereafter shall publish the notice and within a reasonable period of some months, the process shall be completed and the land in question would be free to be enjoyed by the petitioner. Learned AGP, as per the instructions received from the concerned officer, has fairly submitted that there is absolutely no dispute that the land needs to be freed and return to the petitioner. 4. Learned AGP, as per the instructions received from the concerned officer, has fairly submitted that there is absolutely no dispute that the land needs to be freed and return to the petitioner. 4. Noticing the stand of the State Government and the communication which has been shared today from the Special Land Acquisition Officer and the Additional Collector dated 23.03.2021, the land ad-measuring 3000 sq.mtr from Survey No. 232/2 situated at Village Paanchdewla, Taluka Waghodiya, Vadodara as has been ensured to be released by the concerned authority in connection with Land Acquisition Case No. 16 of 1997 in favour of the petitioner within a reasonable period, no cause survives except directing the respondent to expedite the entire process at the end of the Collector, Vadodara, and by the Revenue Department of the State of Gujarat, for release of the parcel of the land from Survey No.232/2 within a period of four months. Once the land is released, the process for converting the said parcel of land into non-agricultural purpose alongwith other land of petitioner can also be requested to the concerned authority by the petitioner which shall be decided in accordance with law. 5. With the aforesaid observations and directions, the petition is accordingly allowed. Direct service is permitted.