(Per : HONOURABLE MR.JUSTICE D.H.WAGHELA)
1. The main grievance sought to be voiced through all the petitions is that the petitioners were losing their land in acquisition by or at the instance of Gujarat Industrial Development Corporation (GIDC) which were within 300 metres of villages Jolva, Vaddala and Dehgam. It was vehemently argued by learned counsel Mr.Ramnandan Singh that such acquisition of land in the vicinity of gamtal area was against the policy of respondent No.5 itself and hence such acquisition of land of the petitioners was ex-facie arbitrary and illegal. During the course of hearing of the petitions, area of the lands in question and respective distance from the original gamtal area of the village concerned have been determined by official surveys and production of accurate maps of the area of the lands in question.
2. By filing affidavit of General Manager of GIDC, it is stated that after considering the pleadings and the orders in the present proceedings, the Board of Directors of respondent No.5 has taken decision on 16.02.2012 in its 462nd meeting. It is further stated that as per the measurement report at Annexure-A to the affidavit, it has been decided that lands, though acquired vide notifications under sections 4 and 6 of the Land Acquisition Act, the lands bearing certain survey numbers which are falling within the limits of 300 metres would be proposed to be released from acquisition. Minutes of the aforesaid meeting dated 16.02.2012 have clearly put into black and white the lands which are beyond the outer limit of 300 metres from gamtal and which are liable to be acquired. It is also resolved that necessary proposal shall be forwarded for withdrawal from acquisition of the lands which are falling within 300 metres of outer limits of gamtal area.
3. It was, however, argued by learned counsel Mr.Singh that outer limits of gamtal area of the villages concerned were being now revised on account of development and the present gamtal having been determined and de-alienated several decades ago. He further submitted that limits of gamtal area are likely to be very soon revised as the village panchayats concerned have already made necessary resolutions. Under such circumstances, even as acquisition of land beyond 300 metres from the outer limits of gamtal area cannot be legally prevented, the petitioners concerned propose to make a representation to the respondent with a request to reconsider their decision in view of expansion of real gamtal area at present.
4. Therefore, the petitions are not surviving for any further relief at this stage and they are admittedly required to be disposed leaving liberty to the petitioners to make appropriate representation. However, in view of the present stage of acquisition proceedings, it has to be clarified that making of representation by any petitioner or pendency of such representation shall not come in the way of conclusion of the acquisition proceeding and shall not be a ground for seeking adjournment in those proceedings. Subject to that clarification, learned counsel Mr.Chinmay Gandhi, appearing for respondent No.5, fairly conceded that if and when any representation is made by the petitioners, it will be duly considered in the meeting of the Board of Directors of respondent No.5. Accordingly, the petitions are disposed in the aforesaid terms, Notice is discharged and interim relief is vacated in each of the petitions, with no order as to costs.
Sd/-
( D.H.Waghela, J.) Sd/-
( N.V.Aanjaria, J.) (KMG Thilake) Top