Research › Search › Judgment

Gujarat High Court · body

2024 DIGILAW 1503 (GUJ)

Patel Kohlabhai Ramjibhai v. Special Land Acquisition Officer

2024-07-03

PRANAV TRIVEDI, SUNITA AGARWAL

body2024
ORDER : Sunita Agarwal, C.J. 1. In this bunch of writ petitions, common issues are raised with regard to utilization of private agricultural lands belonging to the petitioners herein of three Districts, namely, ‘Banaskantha’, ‘Kachchh’ and ‘Patan’, for the purpose of construction of Narmada Canal and its distributaries. In almost all the writ petitions, common plea of the petitioners are that they have been deprived of their agricultural lands and thus the only source of livelihood by dispossession in the years 2012 and 2013, by the concerned authority on payment of advance compensation, with the assurance that acquisition proceedings for their lands would be completed within a shot-while to pay them just and adequate compensation. It is stated by the petitioners in these bunch of writ petitions that neither acquisition proceedings been commenced nor compensation had been paid and their lands were utilized in the interregnum. Almost more than 11 years have passed during which the petitioners kept on approaching the competent authority for payment of compensation, but no heed had been paid, which has resulted in filing of writ petitions by the landholders before this Court. 2. We may note that in some of the writ petitions when we called for the comment from the State Office, we were intimated that acquisition proceedings for the land utilized for the Narmada project had been commenced to pay compensation. 3. While this Court was facing influx of identical writ petitions by landholders of three Districts, on 01.04.2024, the affidavit of the Under Secretary (Land Acquisition) Narmada Water Resources of Water Supply and Kalpsar Department, Government of Gujarat had been filed to state that looking to the influx of cases pertaining to utilization of private lands without acquisition for the purpose of construction of Narmada Canal and its distributaries, the State Government has resolved to constitute an Inter-Departmental Committee to oversee and ensure that the process of acquisition of such lands and payment of compensation by conducting due process of law, is completed in a time bound manner. The copy of the ‘Government Resolution’ dated 15.03.2024 was filed along with the aforesaid affidavit. 4. Mr. The copy of the ‘Government Resolution’ dated 15.03.2024 was filed along with the aforesaid affidavit. 4. Mr. Mitesh Amin, learned Additional Advocate General appearing for the State Government had submitted that the Internal-Departmental Committee constituted by the State Government under the Government Resolution dated 15.03.2024 had already undertaken the exercise to complete acquisition of the lands utilized for construction of Canals in three Districts, namely, ‘Banaskantha’, ‘Patan’ and ‘Kachchh’ in the State of Gujarat. On the said submissions by the order dated 01.04.2024, we have provided three months time to the Committee to complete the exercise of land acquisition proceedings with respect to the lands identified by declaration of award for determination of compensation. 5. By order dated 10.06.2024 and 18.06.2024, we required the learned Additional Advocate General to place before us the progress made by the Committee in the interregnum. Affidavit dated 28.06.2024 filed on behalf of respondent sworn by the General Manager (Land), in the Department of Sardar Sarovar Nigam Limited has been placed before us that so far, the Committee has identified by 378 cases, wherein agricultural lands have been utilized without undertaking process of acquisition by the Sardar Sarovar Nigam Limited for the purpose of construction of canal across the Districts, namely, ‘Banaskantha’, ‘Kachchh’ and ‘Patan’. It is further stated that out of 378 cases identified, in 263 cases, the acquisition process has already been initiated, whereas 115 cases are pending, wherein re-survey of the land is under way. A chart has been given at page 78 of the paper-book, part of paragraph 4 of the aforesaid affidavit, wherein it is stated that out 115 cases, 44 cases are ripe for being proposed for initiation of acquisition proceedings and with respect to remaining 71 cases, the process of acquisition is to be initiated after completion of the re-survey proceedings, in order to make sure that the measurement of the utilized land be undertaken by due process of law. 6. On a query made by the Court, Mr. Mitesh Amin, learned Additional Advocate General appearing for the State respondents seeks to submit that the Inter-Departmental Committee is comprised of all stakeholders of different departments, so as to complete the whole exercise in a holistic manner. 6. On a query made by the Court, Mr. Mitesh Amin, learned Additional Advocate General appearing for the State respondents seeks to submit that the Inter-Departmental Committee is comprised of all stakeholders of different departments, so as to complete the whole exercise in a holistic manner. It is assured that the Committee would leave no stone unturned to identify and complete the acquisition proceeding with respect to the agricultural lands of the above noted three Districts, which have been utilized for the Narmada project without payment of due compensation. 7. On the said assurance given to us, noticing the fact that the factual inquiry is required with respect to the claims of each of the petitioners herein, we propose to issue directions to the Committee to examine individual cases of each of the petitioners herein, so as to ascertain whether their agricultural lands have been utilized for construction of Narmada Canal and its distributaries without any due process of law. 8. We, therefore, dispose of the writ petitions in this bunch with the directions that :- (i) The petitioners shall make individual representations before the Additional Collector (Narmada) (Uttar Gujarat, Saurashtra & Kachchh), C-2, Narmada Vasahat, Anand Nagar, Vejalpur, Ahmedabad - 380015 within a period of three weeks from today along with the copy of this order. (ii) On such representation being made, the same shall be immediately placed before the Committee constituted under the Government Resolution dated 15.03.2024. (iii) The Committee shall examine claims of each and every representationist and decide their individual cases, on their claims that the agricultural lands belonging to them had been utilized without due process of law. (iv) If the claims of the petitioners / representationist find favour with the Committee, it shall immediately proceed with the acquisition for the purposes of payment of compensation to such landholders / representationist / petitioners. (v) In case the claims of any of the representationist do not appeal to the Committee, a reasoned and speaking order shall be passed dealing with the individual claim of such representationist / landholders / petitioners. (vi) In any case, the entire exercise of dealing with claims of the each of the representationist and payment of compensation to those whose claims find favour with the Committee with payment of compensation shall be completed as expeditiously as possible, preferably within a period of six months from today. (vi) In any case, the entire exercise of dealing with claims of the each of the representationist and payment of compensation to those whose claims find favour with the Committee with payment of compensation shall be completed as expeditiously as possible, preferably within a period of six months from today. (vii) In case of failure on the part of the Committee to complete the process or any delay or slackness on its part, it would be open for the petitioners, who filed their representations before the Committee, to approach this Court by bringing their fresh action.