ORAL ORDER

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

The present petition has been filed seeking for a declaration that the acquisition of the lands-in-question stood lapsed in view of the Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, on the ground that though the award under Section 11 of the Land Acquisition Act, 1894 had been declared on 29.01.1982, the petitioners have not taken the compensation. In a vague manner, it is sought to be submitted in the writ petition that after passing of the award, the amount of compensation has not been deposited in the Court by the respondent authorities and as such, they have never taken possession of the lands-in-question and the petitioners remained in continuous and uninterrupted possession of the lands-in-question and further that they are carrying out agricultural activities on the lands-in-question. It is also stated in the writ petition that the petitioners have also availed loan facility by mortgaging the lands-in-question and they have paid the said loan on 12.02.1993 to the State Co-operative Bank. Revenue receipts until the year 1995 are sought to be placed on record to assert that the petitioners are in actual physical possession of the lands-in-question.

2. An averment has been made in the writ petition in paragraph No. ‘13’ that there has been no rojkam or panchnama prepared in the presence of witnesses as required by law to show that the possession has ever been taken from the petitioners. It is also stated that the situation of the land as far as possession is concerned is the same as it was when the panchnama for the purpose of measurement was carried out on 29.12.1980, wherein the existence of the standing crops was shown. Certain photographs of the lands-in-question has been brought on record as Annexure-L to the writ petition to establish that the petitioners are very much in actual physical possession of the lands-in-question and they are carrying on agricultural activities.

3. Taking note of the above contentions of the petitioners in the writ petition, pertinent is to note the contents of the affidavit filed on behalf of the respondent No.3 namely Deputy Collector/Special Land Acquisition Officer and Rehabilitation (Irrigation). It is categorically stated therein that the land acquisition proceedings had been concluded with the making of the award dated 29.01.1982 with respect to the lands-in-question in LAQ Case No. 80 of 1979 and further, on the request of the petitioners vide letter dated 03.03.1983 to re-grant the land, categorical reply was sent on 19.03.1985 by the Executive Engineer, Irrigation Department, Rajkot that as the land was acquired and after joint measurement, even award has been published, there was no question of re-grant the land. A categorical assertion has been made therein that the possession of the land-in-question was with the State Government and vide resolution dated 22.01.1997, the State Government has decided to give shallow land around the irrigation scheme to the previous owners of the land for the limited purposes of cultivation, when the land is open and available. For all other purposes, ownership of the land always remained with the State Government.

4. The contention of the petitioner that the possession of the lands-in-question has not been taken and hence the proceedings of the land acquisition would lapse, therefore, is misleading.

5. It is further contended therein that even after the specific intimation given to the petitioners, they refused to accept the compensation for the acquired land and hence the same had been deposited in a separate account of the Mamlatdar, Rajkot. A copy of the communication dated 13.04.2017 sent by the Deputy Executive Engineer, Gondal to the Irrigation Deaprtment intimating the said fact is also placed on record.

6. Taking note of the above facts reflected from the record, in view of the stat