ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)
The petitioner herein is claiming for return of the acquired land, with respect to which, the acquisition proceedings were concluded in the year 1979. Apart from the fact that the mutation entry dated 09.11.1979 was made in the revenue record, nothing has been brought on record in the instant writ petition. It is stated that the apartment for the higher income group people was constructed in the year 1985 and there was a change of purpose, in as much as, the land in question was acquired to construct the affordable homes for the lower income group people. It is then contended that the land in question is now the subject matter of redevelopment and the commercial constructions are being permitted over it. The prayer made in the writ petition is to either return the land or pay the compensation to the land owner, i. e. the
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petitioner herein as per the prevailing fair market price of the subject land.
We find the instant writ petition as wholly misconceived, in much as, the petitioner has been left with no right, title or interest in the land in question, which had been acquired in the year 1979, with respect to which, the acquisition proceedings were concluded and the compensation was paid to the owner at the relevant point of time. There is no provision for return of land, which has been acquired for a public purpose for the change in the plan made by the Gujarat Housing Board, to which, the land in question has been allocated by the State Government.
The Writ Petition is accordingly dismissed.
(SUNITA AGARWAL, CJ )
(ANIRUDDHA P. MAYEE, J.)
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