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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SUNITA AGARWAL, ANIRUDDHA P. MAYEE, JJ.
NAVUBA WD/O JORUBHA UDESANG – Petitioner
Versus
STATE OF GUJARAT – Respondent
Special Civil Application No. 18570 of 2023
Decided On : 16-01-2024
Land Acquisition - Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Section 48 of the Land Acquisition Act, 1894
Fact of the Case:
The petitioners sought the return of their land, which was acquired for the Narmada Project, on the grounds that it was not utilized for the project and compensation was not paid.
Finding of the Court:
The court found that the land acquisition proceedings had been concluded with the passing of the award and the possession of the land had been taken by the government. The court held that the State Government had no power to release the acquired land under Section 48 of the Land Acquisition Act, 1894.
Issues: The main issue was whether the petitioners were entitled to the return of their land, which had been acquired for the Narmada Project.
Ratio Decidendi: The court relied on Section 48 of the Land Acquisition Act, 1894, which states that once possession of the land is taken, the government is not compelled to complete the acquisition and has no power to release the acquired land.
Final Decision: The writ petition was found devoid of merits and dismissed.
JUDGMENT :
SUNITA AGARWAL, J.
1. Heard Mr. M.B. Gandhi, the learned Senior Counsel assisted by Mr. C.M. Gandhi, the learned advocate for the petitioners and perused the record.
2. Having perused the record of the writ petition namely, Special Civil Application No. 1577 of 2020 placed before us by the office pursuant to the order dated 18.12.2023, we find that the said writ petition had been disposed of vide judgment and order dated 19.2.2020 along with other two Special Civil Applications/writ petitions, on the premise of nonpayment of compensation or drawing acquisition proceedings before entering over the land of the petitioners therein. While noticing the stand of the petitioners therein, it was noted by the Court that admitted fact of the matter is that the possession of the lands of the petitioners had been taken without drawing any acquisition proceedings and in view of the letter dated 11.2.2020 of the Dy. Collector and Special Land Acquisition Officer, Narmada Project to the Additional Collector, Narmada Project, for initiation of the acquisition proceedings of the lands in question. In light of the above, on the statement made by the learned Assistant Government Pleader, the matter was disposed of with the observation that the respondents shall complete the acquisition process and declare the award to determine the compensation in accordance with the provisions of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 [“Act of 2013” for short].
3. The judgment and order dated 19.2.2020 is sought to be pressed into service by the petitioners in the present petition with the assertion that the Special Civil Application No. 1577 of 2020 was filed by Baldevbhai Chakarchand Chauhan stating that the petitioner therein was owner of Survey/Block No. 1506/P/1 and in respect to the said land total admeasuring 12,444 sq. mts. in the Village Form No. 7/12 the name of the petitioner therein was indicated along with other family members. Further, the land admeasuring 2,220 sq. mts. out of the total area of Survey/Block No. 1506/P/1 indicated therein, had gone into acquisition for Narmada Project. It was asserted therein that though the possession of the land of the petitioner therein was taken, but due to oversight the land acquisition proceedings begun only for Survey No. 1506/P and not for Survey No. 1506/P/1 and the award was passed qua the land in Survey No. 1506/P in the name of Jorubha Udesang Jhala, i.e. the petitioner in Special Civil Application No. 18570 of 2023 (the instant writ petition). The prayer had been made in the said writ petition that the land in Survey No. 1506/P/1 admeasuring 2,220 sq. mts. had been utilized for Narmada Project without undertaking acquisition proceedings, and hence the petitioner therein was entitled for compensation.
4. It seems that taking note of the averments made in the aforesaid writ petition, the present petition has been presented on 11.9.2023 and registered on 18.10.2023, for the reliefs prayed herein-under:
(B) By an appropriate writ, order or direction, this Hon’ble Court may be pleased to direct the Government that the commitments, which are made before the Court regarding the turning of the land be complied with and the land bearing Survey No. 1506/P be directed to be returned to the petitioners.
(C) By an appropriate writ, order or direction, this Hon’ble Court may be pleased to hold and declare that the decision of the Government dated 12.06.2023 (Annexure-K) as well as the order dated 12.06.2023 (Annexure-L) passed by the Deputy Collector and the Land Acquisition Officer are erroneous, illegal, contrary to facts and l
Once possession of the acquired land is taken, the government has no power to release the land under Section 48 of the Land Acquisition Act, 1894.
The court established that land once acquired vests with the State, and claims of non-possession or non-payment do not negate the validity of the acquisition.
The land acquisition process is valid despite claims of forgery in records without prior objections raised during the process.
The main legal point established in the judgment is that under Section 24(2) of the Fair Compensation Act, the acquisition proceedings would lapse if the possession of the land was not taken and comp....
Point of law: Court sitting under Article 226 of the Constitution of India in a writ petition cannot go into technical aspects with regard to the alignment of the canal, more particularly, in the abs....
Subsequent purchasers cannot challenge land acquisition proceedings after the issuance of Section 4 notification under the Land Acquisition Act, 1894. The requirements for the deemed lapse of land ac....
Compliance with the Land Acquisition Act, including the deposit of compensation and evidence of physical possession, is crucial for the validity of acquisition proceedings.
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