ORDER :

(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)

1. The present petition has been filed by the heirs and legal representatives of the Dalwadi Keshav @ Kesha Sava (Nakum) who is stated to be the owner of Revenue Survey No. 522/p7 admeasuring 1-33 Acre- Guntha (0-73-86 hectare-Are-Sq. Mtrs) at Village Dharampur, Taluka : Khambhaliya, District : Devbhoomi Dwarka. The dispute being raised in the present petition is about land admeasuring 1780.82 sq. mtrs. which is part of the Revenue Survey No. 522/p7 admeasuring 1-33 Acre Guntha (0-73-86 hectare-Are-Sq. Mtrs.

2. The further contention in the writ petition is that the father of the present petitioners had applied for grant of N.A. permission for the above referred land at Revenue Survey No.522/p7 before the District Development Officer, Jamnagar, seeking the conversion for lands use for residential purposes. The said application was allowed vide order dated 02.02.2009 and N.A. layout plan was sanctioned wherein a State Highway is passing in front of the land bearing Revenue Survey No.522/p7 and location of the land in question which is shown in the above referred lay-out plan as (1) Open Plot No.1 admeasuring 757.04 sq.mtrs and (2) Open Plot No.2 admeasuring 1023.77 sq.mtrs (total 1780.82 sq.mtrs).

3. The contention is that the other plots shown in the lay-out plan are sold to respective holders and there is a residential society over the other part of the land but the open land no.1 and 2 as shown in the lay-out plan is of the ownership of the father of the petitioners. The father of the petitioners had died on 05.05.2017 and the land in question came into the joint ownership of the legal heirs of the deceased Keshavbhai @ Keshabhai Savabhai Nakum (Dalwadi). The further contention in the writ petition is about the acquisition under the National Highways Act, 1956 vide notifications dated 31.12.2018 and 07.03.2019, under Sections 3 A and 3 D of the Act, 1956. Placing the notification dated 31.12.2018 at page nos. 44 - 45 of the paper-book, the petitioners seek to submit that two plots shown therein at Item No. 9 and 10 at Village Dharampur namely 522/p/Open Land 1 and Open Land 2 (residential) are the land belonging to the petitioners herein, total area of which has been stated in the writ petition as 1780.82 sq. mtrs, which cannot be aligned with the description of the area mentioned in the Schedule of the notification dated 31.12.2018, at page no. ‘45’ of the paper-book.

4. Total acquired area subject matter of acquisition by the aforesaid notification is 2.0589 Hec. (20,589 Sq. mtrs), comprising of 23 plots of two villages namely Village Datrana and Village Dharampur, Taluka: Khambhaliya, District : Devbhumi Dwarka. However, there is no whisper in the writ petition about the award made with respect to the said lands of the Village Datrana and Dharmapur, pursuant to the said acquisition.

5. There is also no whisper in the writ petition about any public notice issued under Section 3G(3) inviting claims from all persons interested in the acquired land prior to making of the award for the total acquired area of 2.0589 Hes., subject matter of the notification. The bald statement made in the paragraph no. ‘10’ of the writ petition that no communication or any notice was ever issued to the present petitioners under Section 3E of the Act, 1956, cannot be believed, inasmuch as, the acquisition in question is of a large area and the requirement under Section 3G(3) was to issue a public notice inviting the claims of all the persons interested in the acquired land.

6. Besides that the averments made in paragraph no. ‘11’ of the writ petition are contrary to the claim of the petitioners as stated in the previous paragraphs of the writ petition, wherein it is stated that in the month of January, 2021, a temporary/kachha service road was made by the respondent – NHAI over the land in question and at that time, the petitioners did not object to making of the said temporary/kac