Case Note & Summary
The petitioners, 21 individuals who were original owners of lands acquired for the Harnav Jalagar Yojna (a water supply project), filed a petition seeking possession of alternative land allotted to them in 1986. The land, comprising Survey Nos. 4/1p, 47/1/12p, and 47/2/6p in Village Kalvan, Taluka Vijaynagar, District Sabarkantha, was allotted by the Deputy Collector and Land Acquisition and Rehabilitation Officer, Dharoi-Vatrak Project, Modasa, on 09.04.1986. However, possession was never handed over due to encroachments by third parties on portions of the land. The Collector, in an affidavit dated 02.02.2026, admitted the encroachments but stated that the authorities were willing to provide possession if the petitioners accepted the allotment order. The court noted that the petitioners have been waiting for nearly 40 years for rehabilitation. The legal issue was whether the State could deny possession due to encroachments. The court held that the State cannot shirk its responsibility to rehabilitate displaced persons merely because of encroachments. It directed the Collector to take appropriate steps to remove encroachments in accordance with law and hand over possession to the petitioners within three months. The court also clarified that the petitioners are entitled to possession of the land as per the allotment order, and the State must ensure compliance. The petition was disposed of with these directions.
Headnote
A) Land Acquisition - Rehabilitation of Displaced Persons - Allotment of Land - Encroachment - The petitioners, original owners of lands acquired for Harnav Jalagar Yojna, were allotted alternative land in 1986 but possession was not given due to encroachments. The court held that the State cannot deny possession merely because of encroachments, and directed the Collector to take appropriate steps to remove encroachments and hand over possession within three months. (Paras 1-5) B) Constitutional Law - Right to Livelihood - Article 21 of Constitution of India - Displacement without rehabilitation violates right to livelihood. The court emphasized that the petitioners have been waiting for nearly 40 years for possession of allotted land, and the State must ensure timely rehabilitation. (Paras 4-5)
Issue of Consideration
Whether the petitioners, who were displaced due to acquisition of their lands for Harnav Jalagar Yojna, are entitled to possession of the allotted land despite encroachments by third parties.
Final Decision
The court disposed of the petition directing the Collector, Sabarkantha to take appropriate steps to remove encroachments from the allotted land in accordance with law and hand over possession to the petitioners within three months from the date of the order.
Law Points
- Rehabilitation of displaced persons
- Allotment of land
- Encroachment not a bar to possession
- Right to livelihood
- Article 21 of Constitution of India
