Gujarat High Court
Lalitaben D/O Naginbhai Bhagabhai ... vs State Of Gujarat on 5 May, 2025
Author: Sunita Agarwal
Bench: Sunita Agarwal
NEUTRAL CITATION
C/SCA/4177/2025 ORDER DATED: 05/05/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 4177 of 2025
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LALITABEN D/O NAGINBHAI BHAGABHAI PATEL W/O VASANTBHAI
MANGABHAI & ORS.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR SALIL M THAKORE(5821) for the Petitioner(s) No. 1,2,3,4,5
MS. HETAL PATEL, AGP for the Respondent(s) No. 1
MR CHINMAY M GANDHI(3979) for the Respondent(s) No. 2
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CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE
SUNITA AGARWAL
and
HONOURABLE MR. JUSTICE PRANAV TRIVEDI
Date : 05/05/2025
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL) [1] Heard Mr. Salil M. Thakore, learned advocate appearing for the petitioners and perused the record. [2] By means of the present petition, the petitioners seek to challenge the communication dated 25.01.2021, appended at page '569' of the writ petition, whereby the request of the petitioners for release of the land in question, acquired for the purposes of GIDC has been rejected. The present writ petition has been presented on 06.02.2025 and was registered on Page 1 of 5 Uploaded by DHARMENDRA KUMAR(HC01071) on Thu May 08 2025 Downloaded on : Fri May 09 01:07:18 IST 2025 NEUTRAL CITATION C/SCA/4177/2025 ORDER DATED: 05/05/2025 undefined 28.03.2025 and none of the paragraphs of the writ petition, the petitioners have explained the laches of approximately 4 years in approaching this Court, after rejection of the representation for release of the land in question under Section 48 of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act"). [3] Further in various paragraphs of the writ petition, the petitioners would submit that the subject land ought to have been released by the State Government on the ground of parity seeking benefit of the Government Resolution dated 31.08.2001, pursuant to which certain lands, similarly situated, as alleged by the petitioners were released.
[4] Taking note of the above submissions made by the petitioners, suffice it to note the contents of the letter dated 25.01.2021 issued by the Deputy Secretary, Revenue Department, State of Gujarat pursuant to the decision taken by the State Government to deny release of the land in question under Section 48(1) of the Act. The categorical statement made in the order is that the power to release the land in question Page 2 of 5 Uploaded by DHARMENDRA KUMAR(HC01071) on Thu May 08 2025 Downloaded on : Fri May 09 01:07:18 IST 2025 NEUTRAL CITATION C/SCA/4177/2025 ORDER DATED: 05/05/2025 undefined after delivery of the possessions to the GIDC would not remain with the State Government. The land in question cannot be released by virtue of Section 48 of the Act. We may also note the provisions of Section 48 which read as under:-
"48. Completion of acquisition not compulsory, but compensation to be awarded when not completed (1) Except in the case provided for In section 36, the government shall be at liberty to withdraw from the acquisition of any land of which possession has not been taken.
(2) Whenever the government withdraws from any such acquisition, the Collector shall determine the amount of compensation due for the damage suffered by the owner in consequence of the notice or of any proceedings thereunder, and shall pay such amount to other person interested, together with all costs reasonably incurred by him in the prosecution of the proceedings under this Act relating to the said land.
(3) The provisions of Part III of this Act shall apply, so far as may be, to the determination of the compensation payable under this section.
[5] A bare reading of sub-section (1) of the Section 48 of the Act indicates that the State Government is at liberty to Page 3 of 5 Uploaded by DHARMENDRA KUMAR(HC01071) on Thu May 08 2025 Downloaded on : Fri May 09 01:07:18 IST 2025 NEUTRAL CITATION C/SCA/4177/2025 ORDER DATED: 05/05/2025 undefined withdraw from acquisition of any land of which possession has not been taken and sub-section (2) provides the consequences. As there is a clear stand of the State Government in the order of rejection of application moved by the petitioners passed in the year 2021 that the possession of the land in question has been given to GIDC and the provisions of Section 48(1) of the Act cannot be invoked to release the land in question, we do not find it to be a fit case to entertain that too after a period of 4 years based on a Government Resolution dated 31.08.2001, benefit of which was never sought by the petitioners. [6] Moreover, we may also recorded the decision of Hon'ble Apex Court in Civil Appeal No.20919 of 2017, wherein it is held by the Hon'ble Apex Court that the policy of the State Government formulated vide Government Resolution dated 31.08.2001 permitting re-grant of the acquired land is in violation of law. It was held therein that the High Court was justified in holding that re-grant of land is not permissible. A categorical direction has been issued that the policy of the State for re-grant shall not be given effect to in future though it is left Page 4 of 5 Uploaded by DHARMENDRA KUMAR(HC01071) on Thu May 08 2025 Downloaded on : Fri May 09 01:07:18 IST 2025 NEUTRAL CITATION C/SCA/4177/2025 ORDER DATED: 05/05/2025 undefined open for the State to frame appropriate policy in accordance with law for rehabilitation of the displaced persons who are rendered landless on account of acquisition. A further observation has been made that the disposal of property vested in the State can only be consistent with the Article 14 of the Constitution of India. In the judgment and order dated 05.09.2024 passed Special Civil Application No.4306 of 2024, we have dealt with the same issue.
[7] Taking note of the above facts, the present petition is liable to be dismissed, as misconceived and is dismissed accordingly.
(SUNITA AGARWAL, C.J.) (PRANAV TRIVEDI, J.) DHARMENDRA KUMAR Page 5 of 5 Uploaded by DHARMENDRA KUMAR(HC01071) on Thu May 08 2025 Downloaded on : Fri May 09 01:07:18 IST 2025