JUDGMENT :

J.B. PARDIWALA, J.

1. By this writ application under Article 226 of the Constitution of India, the writ applicant, since deceased, now through her legal heirs and representatives, has prayed for the following relief’s:

“(A) YOUR LORDSHIPS may be pleased to direct an inquiry into the disposal of land bearing Revenue Survey No.185, Block No.198, admeasuring 0-52-61 sq. mtrs and land bearing Survey No. 195, Block No.209 of village Kansad, admeasuring 0-77-90 sq. mtrs by the respondents herein.

(B) YOUR LORDSHIPS may be pleased to direct the respondent No.2 & 4 to initiate actions under the law and thereby stop further illegal construction and demolish the illegal construction made on land bearing Survey No.185, Block No.198, admeasuring 0-52-61 sq. mtrs and land bearing Survey No.195, Block No.209 of village Kansad, admeasuring 0-77-90 sq. mtrs.

(C) YOUR LORDSHIPS may be pleased to issue a writ of mandamus or a writ in the nature of mandamus directing the respondents their officers, servants and agents to regrant land bearing Revenue Survey No.185, Block No.198 admeasuring 0-52-61 sq. mtrs and land bearing Survey No.195, Block No.209 of village Kansad, admeasuring 0- 17-90 sq. mtrs to the petitioner upon payment of occupancy price.

(D) Pending hearing and final disposal of the present petition, Your Lordships may be pleased to direct the respondents herein to ensure that no activities of construction, transfer, alienation or the like are carried out in respect of the land bearing Revenue Survey No.185, Block No.198 admeasuring 0-52-61 sq. mtrs. And land bearing Survey No.195, Block No.209 of village Kansad, admeasuring 0-77-90 sq. mtrs, or in respect of super structures thereon.

(E) An ex-parte ad-interim relief in terms of prayer (D) above may kindly be granted.

(F) Such other and further relief’s as may be deemed just and proper in the facts and circumstances of the present case may kindly be granted.”

2. This writ application was filed by Vasantiben Dhansukhbhai Desai, a widow with 60% visual disability. Vasantiben passed away on 17th January, 2015. In such circumstances, her son, namely, Narendra Dhansukhbhai Desai and her two daughters, namely, Pinalben Dhansukhbhai Desai and Tejalben Dhansukhbhai Desai were brought on record as the legal heirs. The son, namely, Narendra is a patient of cerebral palsy, having 75% disability.

3. The facts of this case are extremely gross and disturbing. The writ applicants seek to challenge the arbitrary, illegal and highhanded action of the Gujarat Slum Clearance Board (GSCB), the respondent No.3 herein of disposing of the subject land which, at one point of time, was owned by the writ applicants. The land in question, owned by the writ applicants, was acquired by the GSCB in the name of “public purpose” for the construction of residential units for the Economically Weaker Sections (EWS) and the persons belonging to the Lower Income Group (LIG). The writ applicants pray for the regrant of the land bearing Revenue Survey No.185, Block No.198 admeasuring 0/52/61 sq. mtrs and the land bearing Survey No.195, Block No.209 of village Kansad, District: Surat, admeasuring 0/77-90 sq. mtrs on payment of the occupancy price.

4. The facts, giving rise to this litigation, are as follows:

4.1 The husband of the writ applicant was the original owner of the parcels of land bearing Revenue Surveys No.185 (Block No.198, admeasuring 0-52-61 sq mtrs) and 195 (Block No.209 admeasuring 0-77-90 sq. mtrs) respectively situated at the Village: Kansad, Taluka: Choryasi, District: Surat.

4.2 On 17.08.1981, a notice for acquisition under Section 4(1) of the Land Acquisition Act was issued by the State Government and the same was received by the husband of the writ applicant on 6th March, 1982.

4.3 Upon receipt of the aforesaid notice, the husband of the writ applicant lodged his objections dated 19th March, 1982. O