Case Note & Summary
The petitioners, Prakashbhai Ravjibhai Patel and others, filed a writ petition 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 in 2018, and on 25 April 2019, the court adjourned the matter sine die because 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. The parties were granted liberty to file a note upon the outcome of that reference. However, no such note was filed until the matter was listed again on 2 March 2026 pursuant to the court's Standard Operating Procedure. The court observed that the petition had become infructuous due to the passage of time and the failure of the petitioners to pursue the matter. Consequently, the court dismissed the petition as infructuous, with no order as to costs.
Headnote
A) Land Acquisition - Lapse of Proceedings - Section 24(2) of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Petitioners challenged land acquisition proceedings but matter was adjourned sine die pending Supreme Court decision on interpretation of Section 24(2) - No note filed by parties on outcome - Held that petition is dismissed as infructuous due to lapse of time and non-prosecution (Paras 1-3).
Issue of Consideration
Whether the land acquisition proceedings under the Act, 2013 have lapsed due to non-compliance with Section 24(2) and whether the petition should be dismissed for non-prosecution.
Final Decision
The petition is dismissed as infructuous. No order as to costs.
Law Points
- Land acquisition
- Lapse of proceedings
- Non-prosecution
- Writ of certiorari
- Status quo
Case Details
2026 LawText (GUJ) (03) 909
R/SPECIAL CIVIL APPLICATION NO. 16387 of 2018
Tattvam K Patel, Hetal Patel
Prakashbhai Ravjibhai Patel & Ors.
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Nature of Litigation
Writ petition under Article 226 of the Constitution challenging land acquisition proceedings.
Remedy Sought
Petitioners sought a writ of certiorari to quash land acquisition proceedings and a direction for status quo.
Filing Reason
Petitioners challenged the land acquisition proceedings qua their land.
Previous Decisions
On 25.04.2019, the matter was adjourned sine die pending Supreme Court decision on Section 24(2) of the Act, 2013.
Issues
Whether the land acquisition proceedings have lapsed under Section 24(2) of the Act, 2013?
Whether the petition should be dismissed for non-prosecution?
Submissions/Arguments
Petitioners argued for quashing of land acquisition proceedings.
Respondents opposed the petition.
Ratio Decidendi
The petition became infructuous due to lapse of time and non-prosecution, as no note was filed on the outcome of the pending Supreme Court reference.
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 Supreme Court decision. On 02.03.2026, the matter was listed again. On 10.03.2026, the court dismissed the petition as infructuous.
Acts & Sections
- Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013: Section 24(2)
