ORDER :

A.J. SHASTRI, J.

1. Leave granted. Office to register F/LPA No.35147 of 2019 and give regular number.

2. These two Letters Patent Appeals under Clause 15 of the Letters Patent are arising out of the judgment and order passed by the learned Single Judge, dated 21.8.2019 in Special Civil Application No.6444 of 2008.

3. Letters Patent Appeal No.1722 of 2019 is filed by original respondent Nos.7, 16 and 22, whereas another Letters Patent Appeal is filed by proposed appellants after seeking leave to prefer an appeal, stated to be in ownership and possession of the affected properties in question.

4. The background of facts in which present proceedings have arisen is that the husband of petitioner was the original owner of parcels of land bearing Revenue Survey No.185 (Block No.198, admeasuring 05261 sq.mtrs.) and Revenue Survey No.195 (Block No.209, admeasuring 07790 sq.mtrs.) situated at village Kansad, Taluka – Choryasi, District – Surat. With respect to these lands, notice for acquisition under Section 4(1) of the Land Acquisition Act was issued by the State Government on 17.8.1981 and the same was received by the husband of the original petitioner on 6.3.1982. Pursuant to the said receipt of the notice, objections were lodged on 19.3.1982 by the husband of the original petitioner and one of the objections was proposed acquisition was not for any public purpose and the question of acquiring his land for the Gujarat Slum Clearance Board did not arise as there were no slums at all in the area of 10 miles from the said land. According to the original petitioner, without considering the said objections, the authority proceeded with acquisition proceedings and ultimately, acquired the land in question for the Gujarat Slum Clearance Board.

4.1 It is further the case of the original petitioner that on 15.3.1986, the State Government passed an order of acquisition and offered and paid meager amount of compensation to the tune of Rs.5/per sq.mtr. i.e. Rs.12,000/per Vigha. This land even after acquisition remained idle and unutilized for the purpose for which it was acquired for a pretty long period of 18 years and more and not a single unit was constructed over the said land for the members of economically weaker section / lower income group.

4.2 Upon making an inquiry, the original petitioner on 11.11.2003 came to know that the Gujarat Slum Clearance Board had abandoned the project of construction of houses for lower income group and economical backward class people. As a result of this, several representations were made before the authority by the original petitioner to regrant back the land which has been acquired, right upto the Hon’ble Chief Minister of the State. Despite the aforementioned efforts being made by making representation for getting the land back, no action was initiated and no steps were taken by the authority which has resulted into preferring of Special Civil Application No.13825 of 2005 with a substantive prayers for regrant of the land. This Court vide order dated 11.7.2005 was pleased to dispose of the said petition by directing respondent No.3 herein to treat the Special Civil Application as a representation and take appropriate decision as early as possible, preferably within a period of 3 months from the date of receipt of the order. In turn, the respondent No.4 herein i.e. Gujarat Slum Clearance Board vide communication dated 16.8.2005 informed the original petitioner that in view of the decision taken by the Town Planning Department on 1.3.2005, nothing further to be done in the matter and according to the original petitioner, this was never served upon her and it is for the first time attached with this communication dated 16.8.2005.

4.3 Further, it appears that respondent No.3 herein – Collector, Surat vide order dated 26.9.2005 rejected the representation for regrant of land substantially on the ground that the land in question has already been divided into plots of 25 sq. yards each and the same were to b