JUDGMENT :

1. The petitioners, have filed the present writ petition seeking Writ of Mandamus and/or Writ of Certiorari or to issue order or direction declaring that the land bearing survey no.54/2 paiki admeasuring 12112 sq. meters, is not under acquisition. The petitioners also seek direction to the respondent to rectify the entry no.972 dated 26.3.1985 and to restore the name of the petitioners in the revenue record.

2. The aforesaid prayers, are made in the backdrop of the following facts as culled out from the memo of the petition.

2.1 According to the petitioners, the agricultural land bearing survey no.54/2 paiki admeasuring 15176 sq. meters situated at village Kanbivaga, Taluka and District Bharuch were of the ownership of two sisters namely Manguben Vitthaldas Patel and Sushilaben Patel and after the two sisters passed away, petitioners succeeded the right as per the “other rights” being the heirs of deceased Bai Reva wd/o. deceased Somabhai Patel whose name was there in the revenue record. It is also the case of the petitioners that the petitioners are the owners, occupier and cultivating the land in question in the capacity of tenant. It is also the case of the petitioners that 3064 sq. meters of land of survey no.54/2 paiki was acquired for public purpose for constructing New Civil Hospital at Bharuch by issuing Section 4 Notification of the Gujarat Land Acquisition Act, 1894 (hereinafter referred to as the “Act of 1894) followed by Section 6 Notification and final award dated 25.9.1973 by the Land Acquisition Officer. Two separate references were made; one under Section 18 being Land Acquisition Reference no.53 of 1973 whereas reference under Section 30 for the same acquisition was numbered as Land Acquisition Reference No.49 of 1974. Both the references were consolidated and the learned Assistant Judge, Bharuch awarded the additional compensation vide judgment dated 30.9.1974. Apropos the said judgment, entry no.972 dated 26.3.1985, was posted in the revenue record, which according to the petitioners does not give the correct description of the award dated 25.9.1973 passed by the Special Land Acquisition Officer inasmuch as, only part of survey no.54/2 paiki i.e. 3064 sq. meters, was acquired whereas the remaining land i.e. admeasuring 12112 sq. meters though was not acquired, the same is also erroneously shown as the Government land for Civil Hospital. The petitioners therefore on 18.5.2017 brought it to the notice of the authorities of the State Government but they did not bother it to correct the same and hence the petitioners apprehend that the respondent authorities of the State Government would forcibly take possession of the land which was never acquired. Hence, the present petition.

3. The Collector i.e. respondent no.3 has filed the affidavit-in-reply raising preliminary objections and one of the objections, is that the petition, suffers from the vice of delay and laches for, the acquisition proceedings have attained finality in the year 1972 wherein challenge has been laid in the year 2017. It is the case of the respondent no.3 that the land bearing survey no.54/2 paiki, was acquired by virtue of the land acquisition proceedings for the purpose of New Civil Hospital and as a result whereof, Section 4 Notification was issued on 8.12.1970 for the land admeasuring 12112 sq. meters. Another Section 4 Notification was issued on 14.3.1972 for remaining land admeasuring 3064 sq. meters. Final Notifications under Section 6 came to be issued on 20.9.1972 and therefore, the entire survey no.54/2 paiki admeasuring 12112 sq. meters + 3064 sq. meters total admeasuring 15176 sq. meters, was acquired in the land acquisition proceedings. Since the proceedings were of 1970, the record have been disposed of as it was falling in ‘B’ category and therefore, no clear record is available with regard to the acquisition proceed