IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 5384 of 2018 =============================================

RAMCHANDRA JAMNADAS SADRIWALA Versus SECRETARY, & ORS.

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Appearance:

MR SHAKEEL A QURESHI(1077) for the Petitioner(s) No. 1 MS.HETAL PATEL, ASST.GOVERNMENT PLEADER for the Respondent(s) No. 1 =============================================

CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL and HONOURABLE MR.JUSTICE D.N.RAY Date : 09/03/2026 ORAL JUDGMENT (PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)

1. Mr.Shakeel A. Qureshi, the learned counsel has put in appearance for the petitioner.

2. The writ petition has been filed with the reliefs as under:-

“A) Admit this petition.

(B) Allow this petition and be pleased to hold that the action of respondent no.3-Deputy Commissioner, Surat Municipal Commissioner contemplating to acquire the property situated at Ward No.7, bearing House No.7/4194, A/1, Near Vegetable Market, Gale Mandi, Main Road, Surat, admeasuring 56.8569 square meters is illegal, improper, unjust, and further be pleased to hold that the said acquisition proceedings are deemed to have lapsed by virtue of section 24(2) of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, and further be pleased to quash and set aside the action of respondent no.3 in illegally initiating the acquisition proceedings in respect of the aforesaid property, in the interest of justice.

(C) This Hon'ble Court be pleased to direct the respondent-Surat Municipal Corporation to release the property situated at Ward No.7, bearing House No.7/4194, A/1, Near Vegetable Market, Gale Mandi, Main Road, Surat, admeasuring 56.8569 square meters, from the acquisition proceedings, in the interest of justice.

(D) Pending admission hearing and final disposal of this petition this Hon'ble Court be pleased to direct the respondent- Surat Municipal Corporation not to dispossess the petitioner in any manner from the property situated at Ward No.7, bearing House No.7/4194, A/1, Near Vegetable Market, Gale Mandi, Main Road, Surat, admeasuring 56.8569 square meters.”

3. It seems that on the presentation of the writ petition, vide order dated 10.12.2018, noticing that the issue pertaining to the scope of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short, the Act’ 2013”) was pending consideration before the Constitution Bench of the Apex Court, the matter was adjourned sine die granting opportunity to either of the parties to move this Court for listing and hearing of the matter based on the outcome of the decision of the Apex Court.

4. No such application has been filed. The matter is listed today from the cut of after 10.12.2018, as per the standard operating procedure of the High Court.

5. The Constitution Bench in the case of Indore Development Authority v. Manoharlal [(2020) 8 SCC 129] has determined the scope of Section 24(2) of the Act’ 2013. In a similar matter in Special Civil Application No.12546 of 2019 decided on 02.03.2026, this Court has noted in detail the law laid down by the Apex Court in Indore Development Authority (supra) as under:-

“The present petition has been filed on 19.07.2019 with the prayers that the acquisition proceedings with respect to the subject land namely the land bearing Block No. 258, Survey No. 246/2 and Survey No. 240, total admesuring 42,273 sq.mtrs. situated at village Sachin, Taluka Chorasiya, District Surat shall be declared as having been lapsed in view of Section 24 of the the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (in short ‘Act, 2013’). The petitioners have also prayed for a mandamus restraining the respondents from taking possession of the subject land pending hearing of the writ petition.

2. Pertinent is to note that on the