(Per : HONOURABLE MR.JUSTICE V. M. SAHAI) 1. We have heard Mr. Sahil M. Shah, learned counsel for the petitioner.
2. This writ petition has been filed by the petitioner for quashing the Circular dated 16.7.2010 to the extent that it provides for applicability of the Circular only in those cases where the land acquisition process has been concluded by taking possession of land by Railway authorities.
3. It is not disputed by the petitioner that the possession of the land of the petitioner has been taken over in the year 2005. The Circular has been issued in the year 2010. Therefore, in terms of Clause 8 of the Circular dated 16.7.2010, it will not apply to the case of the petitioner as the possession of the land of the petitioner has already been taken over by the Railway in the year 2005.
4. Learned counsel for the petitioner has urged that the petitioner was a minor when the possession of the land was taken over and he became major only in the year 2009. Be that as it may, since the possession of the land of the petitioner has been taken in 2005 and the Circular clearly states that no benefit can be given in those cases where possession has been taken prior to the issuance of the Circular, the petitioner is not entitled for the benefits of the Circular.
5. Learned counsel for the petitioner has urged that the Circular is arbitrary and violative of Article 14 of the Constitution of India. We do not find any ground on which we can hold that the Circular is violative of Article 14 of the Constitution of India.
6. Learned counsel for the petitioner has urged that directly notice under Section 12 (2) of the Land Acquisition Act was served on 4.2.2005 and possession was taken by the respondents. In land acquisition proceedings, once the possession has been taken over by the Railways, the petitioner is not entitled for benefits of the Circular.
7. For the aforesaid reasons, we do not find any merits in this petition. This writ petition fails and is accordingly dismissed.
Sd/-
[V. M. SAHAI, J.] Sd/-
[G. B. SHAH, J.] Savariya