Case Note & Summary
The petitioners, Bhikbhai Dalsukhbhai and others, filed a Special Civil Application under Article 226 of the Constitution before the Gujarat High Court challenging land acquisition proceedings concerning their land. The petition sought a writ of certiorari to quash the entire acquisition proceedings and a direction for status quo. On 25 April 2019, the High 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 the reference. However, no such note was filed by the petitioners for nearly seven years, until the matter was listed on 2 March 2026 pursuant to the Standard Operating Procedure. The court observed that the petitioners had not taken any steps to prosecute the petition. The legal issue was whether the petition should be dismissed for non-prosecution. The court held that the petition is dismissed for non-prosecution, but granted liberty to the petitioners to file a note within four weeks from the date of the order, upon which the petition would be revived and placed on board for hearing. The judgment was delivered by a Division Bench comprising 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 of Supreme Court on interpretation of Section 24(2) - Petitioners were directed to file a note upon outcome of reference but failed to do so for nearly seven years - Held that the petition is dismissed for non-prosecution with liberty to revive upon filing of a note within four weeks (Paras 2-3).
Issue of Consideration
Whether the petition should be dismissed for non-prosecution due to failure to file a note on the outcome of the pending reference before the Supreme Court regarding interpretation of Section 24(2) of the Act, 2013.
Final Decision
The petition is dismissed for non-prosecution. However, the petitioners are granted liberty to file a note within four weeks from the date of the order, upon which the petition shall be revived and placed on board for hearing.
Law Points
- Abatement of petition for non-prosecution
- Liberty to revive upon filing note
- Section 24(2) of Right to Fair Compensation and Transparency in Land Acquisition
- Rehabilitation and Resettlement Act
- 2013
