( 1 ) BY way of this petition under article 226 of the Constitution of India, the petitioner, whose land was acquired by the state Government under the provisions of the Land Acquisition Act along with other lands, has prayed for an appropriate writ, direction and/or order for quashing and setting aside the order dated 24th January, 1997 passed by the State Government (The under Secretary, Revenue Department, state of Gujarat, Gandhinagar) and communicated to the respondent No. 4 (The administrator, Asharam Bapu Ashram,surat)vide communication dated 27. 1. 1997 by which, the State Government has regularized the unauthorized encroachment made by the respondent No. 4 over the land of the petitioner as well as other agriculturists which was acquired by the state Government for Surat Irrigation division, Surat under the provisions of the land Acquisition Act. A further prayer is also made directing the respondent Nos. 1 to 3 and 5 i. e. the Secretary, Narmada and Water resource Department, The District Collector, surat, The Commissioner of Municipal corporation, Surat, and The Secretary, revenue Department to pass orders granting the lands of the petitioner on permanent basis to the petitioner as has been done in case of other similarly situated agriculturists by directing them to remove the unauthorized and illegal encroachment on the land of the petitioner.

( 2 ) THE questions which are posed for consideration of this Court in the present special Civil Application are (i) what is important : public interest or private interest? (ii) How far the State Government was justified in regularizing the encroachment made by the respondent No. 4- a religious trust, though the lands were acquired under the provisions of the Land acquisition Act and were needed by Surat municipal Corporation for public purpose i. e. Water Works Project ? (iii) When there is a conflict between public interest and private interest - who has to give way ?

( 3 ) IT is the case on behalf of the petitioner that :-The petitioner was holding certain lands bearing Survey No. 104/1 admeasuring about 2-Acres, 11-Gunthas and 53-Ares at village Jahangirpura, situated in Surat. The lands of the petitioner and other agriculturists were situated on the river bank of river Tapi. Due to heavy flood, people of surat city and other towns situated on the river bank were experiencing devastations and damages and some citizens also lost their lives and agricultural lands near the bank of river Tapi turned into river bed and land owners sustained heavy loss and precious agricultural lands were destroyed and rendered useless for agricultural purpose. In order to protect the soil, a project to construct embarkments (Palas) was planned. The project - scheme was sanctioned by the state Government and the lands of the petitioner as well as other agriculturists came to be acquired in the year 1977 by initiating proceedings under the Land acquisition Act. That after the lands were acquired and actually put to use for which it was acquired, as per the policy of the State government to make and allot optimum use of the agricultural land for agriculturist purpose, the State Government decided and directed the Collector to grant the said lands to erstwhile owners i. e. the petitioner and other agriculturists on yearly rental basis i. e. Ek Sali basis on payment of premium/rent to the Collector. The petitioner and other agriculturists were accordingly in occupation of the said land allotted to them from year to year on Ek Sali basis and they were cultivating the same, Thus, for constructing tapi Embarkment Scheme popularly known as "pala Yojana" large parcels of lands abutting on river Tapi and belonging to the petitioner as well as other agriculturist of village Rander, Adajan, Jahangirpura, etc. , were acquired. On completion of said scheme, large parcels of valuable agricultural lands remained surplus with the State government. The Government decided to hand over the excess