Point of Law: Acquisition of Land - Rights of owner - Land acquired for a public purpose can be utilised for any other public purpose and once possession of land in taken and land is vested in Municipality free from all encumbrances, restitution of surplus land to erstwhile owner cannot be ordered.

JUDGMENT :

1. Heard learned advocate Mr. A.B.Munshi for the petitioners, learned Assistant Government Pleader Mr. Ishan Joshi for the respondent No.1State, learned Senior Advocate Mr. Maulin Raval for Raval & Trivedi Associates and learned advocate Mr. Gaurang Waghela for learned advocate Mr. Chintan Gandhi for respondent No.2, learned advocate Mr. Chirayu Mehta for learned advocate Mr. Devang Vyas for respondent No.5, learned advocate Mr. Rituraj Meena for respondent No.6 through video conference.

2. By this petition under Article 226 of the Constitution of India, the petitioners have prayed for the following reliefs :

“(A) Your Lordships may be pleased to admit and allow this petition.

(B) Your Lordships may be pleased to issue writ of mandamus or writ of certiorari or any other appropriate writ, order or direction quashing and setting aside the impugned T.P Scheme being Town Planning Scheme, Ahmedabad24 (Maninagar Extension ) varied so far as it relates to Final Plot No.64/4 admeasuring 7289 sq.matrs.and be pleased to hold and declare that entry of reservation made in ''F'' form in the land of original F.P.No 64 and 71 is also illegal and be pleased to delete the same and be pleased to delete the name of appropriate authority and reference of post and telegraph department and slum clearance board from the ''F'' form of F.P.No.64/4 and be pleased to direct the authority to enter the name of the petitioners in ''F'' form and all other relevant record of F.P.No.64/4.

(C) Your Lordships may be pleased to further hold and declare that if the subject land being F.P No.64/4 admeasuring 7289 sq.mtr.is required for any public purpose then in that case, the authorities may be directed to initiate the proceedings for acquisition of the same as per the provisions of the Right to Fair compensation and Transparency in Land Acquisition and Rehabilitation and Resettlement Act,2013 and be pleased to direct the authorities not to disturb the possession and enjoyment of the petitioners and their family members over the subject land unless and until the petitioner are paid compensation determine as per the Land Acquisition Act, 2013 as per the prevalent market rate.

(D) During the pendency and till final disposal of the petition, by way of interim relief, Your Lordships may be pleased to direct service the respondent not to interfere with actual physical possession of the petitioners over the subject land being F.P.No.64/4 admeasuring 7289 sq.mtr. Of T.P.Scheme, Ahmedabad24 (Maninagar Extension) Varied and not to deal with the subject land in any manner whatsoever and pleased to direct the authorities to maintain the status quo in respect of the subject land.

(F) Any other relief deemed just and proper may pleased the granted in the interest of justice.”

3. The petitioners and the family members are the owners of land bearing Final Plot No. 64/4 admeasuring 7289 sq. mtrs. alloted in T.P. Scheme Ahmedabad24( Maninagar Extension-Varied) situated in Maninagar area of Ahmedabad city. According to the petitioners, the land in question is mutated in the name of the petitioners and the family members in the revenue record in village Form no. 7/12 of village RajpurHirpur, Taluka Maninagar, District Ahmedabad.

4. The land admeasuring 18870 sq mtrs. situated in Survey no. 217 and land admeasuring 1720 sq mtrs. situated in survey no. 448, total land admeasuring 20590 sq mtrs. situated in Sim of village RajpurHirpur, Taluka Maninagar, District Ahmedabad belonged to one Chunilal Chhaganlal Bhatt who was predecessor in title of the petitioners and after his demise, the said lands were inherited by his legal heirs.

5. The aforesaid land of survey nos.217 and 448 was acquired by respondent no.2Ahmedabad Municipal Corporation (For short “AMC”) by passing resolution no.63 of 1957 dated 20.11.1957. Notification under section 4 of the Land Acquisition Act, 1894 was iss