Nileshbhai Amarsangbhai Gohil ... vs Deputy Collector And Special Ladn ...
2023 Latest Caselaw 7349 Guj

                                                                                   NEUTRAL CITATION




     C/SCA/17376/2023                               ORDER DATED: 05/10/2023

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            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 17376 of 2023

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NILESHBHAI AMARSANGBHAI GOHIL S/O LATE AMARSANGBHAI GOHIL
                         Versus
  DEPUTY COLLECTOR AND SPECIAL LADN ACQUISITION OFFICER
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Appearance:
MR DEVARSH P PANDYA(12986) for the Petitioner(s) No. 1
for the Respondent(s) No. 1,2,3,4
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 CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE
       SUNITA AGARWAL
       and
       HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE

                                Date : 05/10/2023

                        ORAL ORDER

(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)

1. Amongst various grounds raised in this petition to challenge the acquisition proceedings concluded in 2012 with the making of award dated 26.09.2012, we may refer to the prayers made in this writ-petition, which is as under;

"9. The petitioner, therefore, prays that this Hon'ble Court be pleased:

a. To allow this petition;

b. To issue writ of mandamus or any other appropriate writ quashing and setting aside Notice bearing No. J.S.

NEUTRAL CITATION

C/SCA/17376/2023 ORDER DATED: 05/10/2023

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CASE No. 11/09 under Section 9(3)(4) Annex "C" and Notice dated 10.12.2012 issued under Section 12(2) issued under the Land Acquisition Act, 1894 issued by the Respondent No.1; Annex J

c. To issue writ of mandamus or any other appropriate writ seeking release of Land bearing Old Survey No. 111 situated at Vill: Samantpor, Talluka: Vagra, District: Bharuch as the same has been wrongfully acquired by the Respondent authorities as the same is in violation of Policy Circular bearing No. GIDC/LND/Policy/I/45 dated 15.12.2010 issued by the Respondent No.3; Annex B

d. To quash and set aside subsequent allocation of Land bearing Old Survey No. 111 situated at Vill: Samantpor, Talluka: Vagra, District: Bharuch to any company, body, entity, individual or association by Respondents herein;

e. Pending admission, hearing and final disposal of the present petition, to stay and restrain the Respondent authorities and / or individuals, entities or company from altering, encroaching and acquiring the Land bearing Old Survey No. 111 situated at Vill: Samantpor, Talluka: Vagra, District: Bharuch;

f. Pending disposal of the present petition direct the Respondent authorities to take necessary steps and provide reasons as per the directions issued by this Hon'ble Court under order dated 08.11.2012 passed in

NEUTRAL CITATION

C/SCA/17376/2023 ORDER DATED: 05/10/2023

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Special Civil Application No. 15425 of 2012 Ann: F and order dated 19.02.2013 passed Hon'ble Court in Special Civil Application No. 17026 of 2012; Annex L

g. To pass any other and further orders as may be deemed fit and proper to this Hon'ble Court.:

2. The challenge in this petition is made to the notice dated 10.12.2012 under Section 12 of the Land Acquisition Act, 1894, whereby, the Collector gave intimation / notice of the award to the persons interested.

3. Further prayer made in the writ-petition is that the land is wrongly acquired, against the policy circular dated 15.12.2010 issued by Respondent No.3 (GIDC). Further a prayer is made to set aside the subsequent acquisition of the land to any company, body, entity, individual or association.

4. Further prayer is made to issue direction to the Respondent to take necessary steps and to provide reasons as per the directions issued by this Court vide judgment and order dated 08.11.2012 and 19.02.2013 in Special Civil Application No. 15425 of 2012 and Special Civil Application No. 17026 of 2012; respectively.

5. Noticing the above prayers, suffice it to note that the acquisition proceedings have been brought to

NEUTRAL CITATION

C/SCA/17376/2023 ORDER DATED: 05/10/2023

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its logical conclusion with the making of award dated 26.09.2012 whereby the land in question stood vested in the State Government under Section 16 of the Land Acquisition Act, 1894. Therefore, any reference to the orders of this Court passed in the year 2012 or 2013 will be of no help to the writ-petitioner, who is seeking to challenge the acquisition proceedings by filing the instant writ-petition in the month of September, 2023. The prayers made in this writ- petition are found to be misconceived. DISMISSED, accordingly.

(SUNITA AGARWAL, CJ )

(ANIRUDDHA P. MAYEE, J.) UMESH/-