IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
Sunita Agarwal, CJ, D.N. Ray, J
MANHARGIRI NARAYANGIRI GOSAI(BAVA)V/sSTATE OF GUJARAT
R/SPECIAL CIVIL APPLICATION NO. 675 of 2018 | C/SCA/675/2018
| Table of Content |
|---|
| 1. challenge to land acquisition based on lapse under the 2013 act. (Para 1 , 2) |
| 2. legal interpretation of section 24 settled by the supreme court. (Para 3) |
| 3. scheduling of hearing and warning of ex-parte decision. (Para 4) |
0.4506714664490227
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)
1. This petition is of the year where the challenge to the acquisition proceedings of the land-in-question, concluded with the award dated 23.02.1982 has been raised on the premise of the provision of Section 24 (2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 [herein after referred to as “the Act’ 2013”], stating that the acquisition proceedings had lapsed with regard to the lands of the petitioners. The consequential prayer made in the writ petition is that after holding the proceedings of acquisition having been lapsed, the respondent be restrained from proceeding further pursuant to the acquisition of the land-in-question and from making any construction on the acquired land under the Land Acquisition Act’ 1894.
2. It seems that on the presentation of the writ petition, an order dated 30.07.2019 was passed wherein noticing that the issue about interpretation of Section24 of the Act’ 2013 was pending consideration before the Apex Court, same issue being involved in the present petition, the petition is adjourned sine die while leaving it open for either of the parties to request the Court for hearing of the matter after outcome of the matter pending before the Apex Court.
3. The issue about interpretation of Section-24 of the Act’ 2013 has been settled with the Constitutional Bench decision of the Apex Court in Indoor Development Authority Vs. Manoharlal And Ors., reported in 2020 (8) SCC 129. Much after the decision rendered by the Apex Court, this petition came on the board from the cut-off and is regularly being listed since the month of March, 2026. There are repeated adjournments in the matter and today, when the matter is fixed on Priority Board, there is a sick note of the learned advocate for the petitioners.
4. Noticing the above, the matter is posted on 09.06.2026 at 12:30 p.m., making it clear that no further sick note or leave note would be honoured and in case of absence of the learned advocate, the petition will be decided ex-parte.
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