JUDGMENT :

A.J. Shastri, J.

1. By way of this petition under Article 226 of the Constitution of India, petitioner has challenged the legality and validity of the impugned basic order dated 25.10.2021 and had sought for certain incidental reliefs as contained in paragraph 13, which is reproduced hereunder:-

"13(A) Your Lordships may be pleased to issue writ of certiorari or any appropriate writ, order or direction and be pleased to quash and set aside the impugned order dated 25.10.2021 passed by the respondent no. 3 produced at (Annex-A) to this petition; AND

(B) Your Lordships may be pleased to issue writ of certiorari or any appropriate writ, order or direction and be pleased to direct the Ld. Dist. Collector, Ahmedabad to make reference to the appropriate authority in pursuance to the application u/s. 64(1) of the land Acquisition Act of 2013 at Annex-B to this petition, submitted by the petitioner and till then keep aside the disputed 40% amount of compensation with the Hon'ble City Civil Court and/or Ld. Collector and/or to invest the same with any Nationalized Bank pending such reference; AND

(C) Your Lordships may be pleased to stay the impugned order dated 25.10.2021 passed by respondent no. 3 produced at Annex-A to this petition, in so far as disbursing the amount of compensation in favour of Resp. Nos. 5-6 and further direct to disburse the undisputed 60% amount of compensation including 20% amount of compensation in favour of the petitioner, during the pendency of and final disposal of this petition; AND

(D) Your Lordships may be pleased to grant ad-interim relief in terms of sub-para (C) pending hearing and final hearing and final disposal of this petition; AND

(E) Your Lordships may be pleased to pass such other and further orders may be deemed just and proper in the facts and circumstances of the present case."

2. The case of the petitioner is that the land bearing City Survey No. 5752 of T.P. Scheme No. 14, Final Plot No. 188 admeasuring 2684.55 sq.mtrs., of Mouje Dariapur-Kajipur registration District and Sub-District Ahmedabad known as "Sagar Sadan" which was originally in the name of Shri Subhkaran Sagarmal Dugar. On 29.08.1970, the said property of 'Sagar Sadan' was purchased by five (5) persons named as (i) Ganeshmal Sagarmal Dugar, (ii) Smt. Sirekumari Ganeshmal Dugar, (iii) Arvindkumar Ganeshmal Dugar, (iv) Ashokkumar Ganeshmal Dugar, (v) Shreyaskumar Ganeshmal Dugar, for which a sale deed was executed between them, which was registered before the Sub-Registrar. The said joint property in which each person is having share of 20% of the said property or 1/5th share, but subsequently, Ganeshmal Sagarmal Dugar died on 18.02.1976 leaving behind his last testament 'Will' bequeathing his 1/5th (20% share) undivided share in the said 'Sagar Sadan' property to his wife named as Smt. Sirekumari Ganeshmal Dugar. Subsequently, Smt. Sirekumari Ganeshmal Dugar was having 40% share and rest of the above persons were enjoying 20% share in the said property 'Sagar Sadan' each.

2.1. It is the case of the petitioner that upon finalization of the Bullet Train Project, the officer of the acquisition department visited the said premises for acquiring the land admeasuring 159.64 sq.mtrs., and thereafter, vide letters dated 28.06.2019 and 13.07.2019, petitioner has given consent for acquisition in which the petitioner also mentioned his share in the property. It is further the case of the petitioner that on 05.09.2019, the petitioner received a letter in which he was called upon for personal hearing on 19.10.2019, though in the said letter, the department has wrongly spelt-out his name as 'Ashvinkumar Ganeshmal' instead of 'Arvindkumar Ganeshmal' and name of Shreyaskumar Ganeshmal' as 'Koveshkumar Ganeshmal' and as such, there are no such persons like the aforesaid names and, therefore, on 19.10.2019 itself, an application was given for correction of their names. The petitioner has further mentioned that out of 40% share of Smt. Sirekum