IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No 4011 of 1997 For Approval and Signature: Hon'ble MR.JUSTICE M.R.CALLA and MISS JUSTICE R.M.DOSHIT ============================================================ 1. Whether Reporters of Local Papers may be allowed to see the judgements? 2. To be referred to the Reporter or not? 3. Whether Their Lordships wish to see the fair copy of the judgement? 4. Whether this case involves a substantial question of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder? 5. Whether it is to be circulated to the Civil Judge? -------------------------------------------------------------- RAMJIBHAI SOMABHAI Versus STATE OF GUJARAT -------------------------------------------------------------- Appearance: Ms.V.P.Shah, senior counsel with MS KJ BRAHMBHATT for Petitioners Ms.Ami Yagnik,learned ASST.GOVERNMENT PLEADER for Respondent Nos. 1 to 4 MR GN SHAH for Respondent No. 6 -------------------------------------------------------------- CORAM : MR.JUSTICE M.R.CALLA and MISS JUSTICE R.M.DOSHIT Date of decision: 16/09/98 ORAL JUDGEMENT Mr. G.N. Shah appearing for the respondent No.6 Indian Oil Corporation has submitted that they are no more interested in the land, which was acquired and in respect of which the possession had also been taken. It is submitted by Mr. Shah that the Indian Oil Corporation is prepared to surrender this land back to the State Government on the condition that the amount of compensation, which had been deposited by the Indian Oil Corporation with the Government, is returned to the Indian Oil Corporation by the Government and he has also no objection if, thereafter, the land is restored back to the petitioners. The learned Asst.G.P. also submits that the amount of deposit, which had been deposited by the Indian Oil Corporation, shall be returned to the Indian Oil Corporation and the land shall be treated as if it was not acquired and whereas the land is no more required by the Indian Oil Corporation the same will be delivered back to the petitioners. In the facts and circumstances of this case, on the request of all the sides, the acquisition proceedings are hereby quashed and it is ordered that the Government may return the amount of compensation deposited by Indian Oil Corporation to the Indian Oil Corporation within one month from today and, thereafter, the land in question shall be returned to the petitioners. This Special Civil Application is disposed of accordingly. Rule is made absolute in the terms as aforesaid. Interim order, if any,shall stand vacated. No order as to costs. -0-