Important Point:
Land under land acquisition act are to acquired under due authority of law.

M.R. SHAH, J.

1.0 As in both these petitions dispute is with respect to one land and they are interconnected, both these petitions are heard, decided and disposed of by this common judgment and order.

1.1 RULE in both the petitions. Shri Dhawan Jayswal, learned Assistant Government Pleader waives service of notice of rule on behalf of respondents nos.1 and 2, Shri Shivang Shah, learned advocate waives service of notice of rule on behalf of respondent no.3 and Shri D.G. Chauhan, learned advocate wavies service of notice of rule on behalf of respondent no.4 in Special Civil Application No.17782/2013. Shri Dhawan Jayswal, learned Assistant Government Pleader waives service of notice of rule on behalf of respondents nos.1, 2 and 3, Shri Shivang Shah, learned advocate waives service of notice of rule on behalf of respondent no.4 and Shri D.G. Chauhan, learned advocate wavies service of notice of rule on behalf of respondent no.5 in Special Civil Application No.18038/2015.

2.0 Special Civil Application No.17782/2013 has been preferred by the petitioner herein – owner of the land bearing Survey No.343 situated at village Hansapur, District Patan for the following reliefs;

(A) Your Lordships may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or directions quashing and setting aside the impugned order dated 13/06/2013 passed respondent – Collector (at Annexure – C hereto);

(B) Your Lordships may be pleased to direct respondents to demolish the illegal construction put up by them in the land belonging to the petitioner bearing Survey No.343 at Hansapur, District Patan.

(C) Your Lordships may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or directions holding that the action of the respondent authorities in digging up the land of the petitioner for the purpose of construction of gutter water pumping station being land situated at Revenue Survey No.343, Hansapur, District Patan is illegal and without authority of law;

3.0 Special Civil Application No.18038/2015 has been preferred by the petitioner – owner of the land bearing Survey No.343 situated at village Hansapur, District Patan for an appropriate writ, order or direction quashing and setting aside the impugned Notification dated 05/08/2015 issued under Section 11 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (herein after referred to as “the Act, 2013”) by which the land admeasuring 58 sq meters, out of the land bearing Survey No.343 paiki situated at village Hansapur, District Patan, is intended to be acquired under the provisions of the Act, 2013 for the public purpose i.e. pumping station and underground sewage project at Patan City.

4.0 As one part of the land bearing Survey No.343 situated at village Hansapur, District Patan, owned by the petitioner, was alleged to be encroached upon by the respondents, more particularly, Patan Nagarpalika and Gujarat Urban Development Company Ltd, who was entrusted with the work of constructing the pumping station and the adjacent land bearing Survey No.375 /A paiki 2 admeasuring 100 sq meters was alloted by the Collector to the Patan Nagarpalika for the purpose of construction of pumping station, the petitioner – owner of the land bearing Survey No.343 paiki has preferred Special Civil Application No.17782/2013 for the aforesaid reliefs.

4.1 Respondents nos.3 and 4 initially denied that there was any encroachment by them on the land of the petitioner and it was denied that any part construction was made on the land of the petitioner, and therefore, the Collector, Patan was directed to submit the report after getting measurement and survey carried out by the DILR. The Collector submitted its report dated 03/06/2014, which is placed on record by the petitioner under further affidavit dated 16/07/2014 and from the said report it is proved that part o