Case Note & Summary
The petitioners, Mangalbhai Shanabhai and others, filed a Special Civil Application under Article 226 of the Constitution before the Gujarat High Court seeking a writ of certiorari to quash land acquisition proceedings concerning their land. The petition was presented and on 25.04.2019, the court noted that the interpretation of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 was pending before a Constitution Bench of the Supreme Court. Consequently, the matter was adjourned sine die, with liberty to either party to file a note upon the outcome of that decision. However, no such note was filed by the petitioners or the respondents. The matter came up for hearing on 02.03.2026 pursuant to the Standard Operating Procedure. The court observed that despite the passage of time, the petitioners had not taken any steps to prosecute the petition. The only legal issue was whether the petition should be dismissed for non-prosecution. The court held that since the petitioners failed to file a note or pursue the matter, the petition is dismissed for want of prosecution. The decision was rendered by a Division Bench comprising the Chief Justice Sunita Agarwal and Justice D.N. Ray.
Headnote
A) Land Acquisition - Abatement of Petition - Non-Prosecution - Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24(2) - Petition challenging land acquisition proceedings was adjourned sine die pending decision of Constitution Bench on interpretation of Section 24(2) - Petitioners failed to file note on outcome despite liberty granted - Held that petition is dismissed for want of prosecution (Paras 1-3).
Issue of Consideration
Whether the petition challenging land acquisition proceedings should be dismissed for non-prosecution when the petitioners failed to file a note on the outcome of the pending Constitution Bench decision on Section 24(2) of the Act, 2013.
Final Decision
The petition is dismissed for want of prosecution.
Law Points
- Land Acquisition
- Abatement
- Non-Prosecution
- Section 24(2) of Right to Fair Compensation and Transparency in Land Acquisition
- Rehabilitation and Resettlement Act
- 2013
Case Details
R/Special Civil Application No. 16933 of 2018
Tattvam K Patel, Hetal Patel
Mangalbhai Shanabhai & Ors.
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Nature of Litigation
Writ petition challenging land acquisition proceedings.
Remedy Sought
Petitioners sought writ of certiorari to quash land acquisition proceedings and direction to maintain status quo.
Filing Reason
Petitioners challenged the land acquisition proceedings concerning their land.
Previous Decisions
On 25.04.2019, the matter was adjourned sine die pending decision of Constitution Bench on Section 24(2) of the Act, 2013, with liberty to file note on outcome.
Issues
Whether the petition should be dismissed for non-prosecution due to failure to file note on outcome of pending Constitution Bench decision.
Submissions/Arguments
No submissions recorded as the petition was dismissed for non-prosecution.
Ratio Decidendi
A petition adjourned sine die pending a decision of a higher court, where the petitioner fails to file a note on the outcome despite liberty granted, is liable to be dismissed for non-prosecution.
Judgment Excerpts
By means of the present petition, the petitioners herein seek the following reliefs:-
It may be noted that on the presentation of the writ petition, by the order dated 25.04.2019, noticing that the issue pertaining to the interpretation of Section 24 (2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 was engaging attention of the Constitution Bench of the Hon’ble Apex Court, the matter has been adjourned sine die, reserving liberty with either of the parties to file a note upon the outcome of the same.
However, no such note has been filed untill the matter came up on the Board from the cut off, on 02.03.2026, in view of the Standard Operating Procedure.
Procedural History
The petition was filed in 2018. On 25.04.2019, the court adjourned the matter sine die pending a Constitution Bench decision on Section 24(2) of the Act, 2013, with liberty to file a note on outcome. No note was filed. The matter came up on 02.03.2026 pursuant to Standard Operating Procedure, and the court dismissed the petition for non-prosecution on 10.03.2026.
Acts & Sections
- Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013: Section 24(2)
