Notably, the land of the petitioner was acquired by the government around 1986 for the expansion of the State Transport (ST) depot at Visnagar in Mehsana district.
A self-declared agriculturist’s desperate attempts to get back his land acquired by the state government 33 years ago has proved to be a futile exercise, with the Gujarat High Court rejecting his third plea in this regard for being “hopelessly delayed”.
Notably, the land of the petitioner was acquired by the government around 1986 for the expansion of the State Transport (ST) depot at Visnagar in Mehsana district.
The petitioner’s family also accepted the compensation offered by the authorities without any dispute and the possession of the land was taken over by the government.
The petitioner’s family moved the high court in May 2016 demanding the land back from the authorities. However, with the court expressing its reluctance to rule in favour of the applicant in July 2016, the case was withdrawn with a view to make a representation before the authorities for considering the petitioner as an agriculturist.
Another petition was then filed in July 2017 with the same request for getting the land back. However, a division bench of the court dismissed the same questioning the locus and right of the petitioner on the land in question after so many years of the acquisition.
The division bench had then also remarked that the authorities had not just taken the possession of the land, but the petitioner had also accepted the compensation offered as per the Land Acquisition Act, 1894.
The court had also pointed out that once the land acquisition process is completed, compensation paid, and possession was taken over, the land becomes that of the acquiring authority,
Unhappy with the same, the third petition with the same demand for getting the land back was filed in July 2018. This time, apart from demanding the land back, the petitioner sought the court’s intervention to direct the authorities for providing an alternate agricultural land in and around Visnagar.
When the case was recently taken up for hearing, the court straightaway pointed out the multiple attempts made by the petitioner and his family before the court since 2016 to get the land back.
The court also pointed out that the prayers cannot be entertained after a lapse of 33 years, especially when the petitioner has accepted the compensation and the possession of the land was taken over. The court clarified that once the land is acquired for a public purpose, it can’t be returned. Eventually, the petition was dismissed.
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
 "Gujarat High Court")
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
)
){kind=small}
){kind=small}
)
)
)
)
)
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}