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2017 Supreme(SC) 1304

ADARSH KUMAR GOEL, UDAY UMESH LALIT
Mansukhbhai Dhamjibhai Patel – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Appellants :Puneet Jain, Ms. Christi Jain, Ms. Priyal Jain, Ms. Pratibha Jain, Advocates.
For the Respondents:Ms. Hemantika Wahi, Ms. Jesal Wahi, Ms. Puja Singh, Ms. Shodhika Sharma, Advocates.

ORDER :

1. Leave granted. Heard learned counsel for the parties.

2. The land of the appellants was acquired in the year 1981 for the purpose of construction of a dam. In the year 2011, the appellants approached the High Court for release of the land in view of Resolution of the Government dated 31.08.2001 permitting re-grant of land where land is considered to be of no use for public purpose. The learned Single Judge directed consideration of the said prayer which was rejected.

3. The appellants again approached the High Court. The High Court held that the land once acquired for public purpose could not be re-granted to the original owner in view of the law as laid down by this Court in V. Chandrasekaran and Anr. v. Administrative Officer and Ors. (2012) 12 SCC 133. The High Court concluded thus:

"It can thus be seen that the petitioner's request for re-grant of the land is legally not tenable. Nothing was stated by the learned Single Judge in his decision dated 06.08.2015 to change this position. Learned Judge merely directed reconsideration of the question of re-grant of land. Same cannot be done de-hors the law settled by Supreme Court through series of judgements. Merely because Go








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