( 1 ) IN this petition under Article 226 of the Constitution of India, the petitioners raise a short, but enlightening question, whether the erstwhile owners of the lands acquired under the Land Acquisition Act, 1894 (the Act for short) are entitled to return or reallotment of the lands from the respondent competent authorities merely upon a change of public purpose for which the lands were acquired.

( 2 ) WITH a view to appreciating the merits of the petition, and the challenge made in it, it would be expedient at this stage to make a skeleton projection of relevant material facts leading to the rise of this petition.

( 3 ) THE petitioners were the owners of agricultural lands bearing Block Nos. 47, 48, 73 and 74, situated at village Jangirabad, Surat, which came to be acquired by the respondent authority by virtue of a notification under section 4 (1) of the said Act dated 18th October 1987, followed by a notification under section 6 (1) dated 19th March 1988. The possession of the subject lands came to be taken over by the Guajrat Housing Board and Acquiring Body i. e. respondent no. 5 on 30. 8. 1991 as the acquisition proceedings came to be initiated for the public purpose of construction of houses by the Gujarat Housing Board. The respondent no. 5-Gujarat Housing Board deposited the amount of compensation determined by the competent authority after taking over the possession.

( 4 ) THE petitioners have inter alia contended that some of the parcels of land covered under the award bearing Block Nos. 24, 25, 39 and 44 were deacquired and released from the acquisition under section 48 (1) of the Act by the order of the respondent authority dated 29. 12. 1990 and though the lands of the petitioners are similarly situated, their lands have not been deacquired in exercise of powers under section 48 of the Act by the respondent authority. The respondent no. 4-Surat Urban Development Authority (SUDA), by its revised development plan and by notification dated 17. 5. 2001 issued by the Government of Gujarat in Urban Development and Urban Housing Department, have declared Block Nos. 24, 25, 26, 27, 29/1, 39, 42/p, 44, 46/p and 75 of village Jangirabad from reservation for public housing by Gujarat Housing Board and subject lands have been deleted from the reservation and the lands were released under section 12 (2) (a) of the Gujarat Town Planning Act (GTP Act ). It is contended that despite the purpose of reservation of public housing by the Gujarat Housing Board, the respondent authority, changing the public purpose, granted the lands of the petitioners on a lease of 99 years to respondent no. 6 South Gujarat Medical Education Trust (Trust) for the purpose of construction of medical college by executing a registered lease deed dated 11. 6. 2001. The petitioners, therefore, made representations to the respondent no. 1 Special Land Acquisition Officer with a request to return the lands to the petitioners as the purpose for which the lands were acquired did not exist and the Gujarat Housing Board does not want to construct houses for low income group.

( 5 ) THE petitioners have also contended that the respondent no. 6 Trust is proceeding to construct medical college on self-finance basis and is also likely to earn profit, that the use for the medical college would be contrary to the sanctioned development plans under the GTP Act, and that if changes are required to be made, the procedure under the GTP Act is required to be followed afresh, including the change of purpose other than which is reserved under the Town Planning Scheme. The petitioners have, therefore, by invoking extraordinary constitutional writ remedy under Article 226, sought the main relief that the subject lands, which came to be acquired for the purpose of public housing by the Gujarat Housing Board, should be directed to be returned to the petitioners.

( 6 ) THE respondents have appeared and contested the claim of the petitioners for the return or rea