Ravi R. Tripathi, J.@mdashHeard learned advocate Mr. S.P. Majmudar for the petitioner, who is before this Court with a prayer that:
9(A) Your Lordships may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or directions holding the acquisition of the land in question by the respondent authorities is illegal, unjustified, contrary to law and further be pleased to quash and set aside the said acquisition.
(emphasis supplied)
The petitioner has also prayed, in the alternative, as under:
9(B) Your Lordships may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or directions directing the respondent authorities to grant the land in question to the present petitioner on payment of the market price or to withdraw the land in question from the acquisition by exercising power u/s 48 of the Land Acquisition Act, 1894.
(emphasis supplied)
Rule. Learned AGP waives service. The facts of the case are that acquisition was of the year 1963 and taking into consideration the fact that the acquisition was for constructing a canal whereby a strip of land located in the middle of the field of the petitioner was acquired, that the canal is not constructed till date and even possession is not taken over from the petitioner.
2. Learned AGP Mr. Rindani is having no instructions to dislodge the submissions made by learned advocate for the petitioner. The Court is of the opinion that there cannot be facts to the contrary, because for long 50 years (1963 to 2013) the petitioner is not dispossessed of that land and the land is not put to any other use, as stated by the petitioner.
2.1 The facts stand fortified by a public notice issued by the office of Deputy Collector, Deesa on 09.07.2010 wherein the land of the petitioner bearing Survey No. 134/1 of village Rajpur admeasuring 0.42.00 hectares is sought to be put to auction.
3. The facts warrant that the matter should be considered by the authorities in light of the aforesaid peculiar facts. The petitioner himself has volunteered that he is ready to pay the market price of the land in question. In the alternative, he has also prayed to withdraw the land in question from acquisition by exercising power u/s 48 of the Land Acquisition Act. It will be appropriate to direct the authorities to put the land in question to auction. The highest price quoted in auction or the market price determined by the government authorities, whichever is higher, shall be payable by the petitioner. On the petitioner paying price, ownership of the land shall be vested with the petitioner. Petition is allowed to the aforesaid extent. The authorities concerned are permitted to put the land in question to auction and the petitioner is given right to purchase that land on auction price or the market price, whichever is higher. The petitioner shall file an undertaking to that effect before this Court within one week from today. Rule is made absolute to the aforesaid extent, with no order as to costs.
