Gujarat High Court
Jyotsnaben Natvarlal Shah Wd/O ... vs State Of Gujarat on 8 January, 2025
Author: Sunita Agarwal
Bench: Sunita Agarwal
NEUTRAL CITATION
C/SCA/6714/2017 ORDER DATED: 08/01/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 6714 of 2017
With
CIVIL APPLICATION (FOR AMENDMENT) NO. 1 of 2017
In
R/SPECIAL CIVIL APPLICATION NO. 6714 of 2017
With
CIVIL APPLICATION (FOR AMENDMENT) NO. 2 of 2017
In
R/SPECIAL CIVIL APPLICATION NO. 6714 of 2017
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JYOTSNABEN NATVARLAL SHAH WD/O SUBHASHCHANDRA CHANDULAL
MODI & ORS.
Versus
STATE OF GUJARAT & ORS.
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Appearance:
ADVOCATE NOTICE SERVED for the Petitioner(s) No. 3
ADVOCATE NOTICE UNSERVED for the Petitioner(s) No. 4
MR DHRUV K DAVE(6928) for the Petitioner(s) No. 1,2
MS HETAL PATEL ASSISTANT GOVERNMENT PLEADER for the Respondent(s)
No. 1,2,3,4,5,6
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CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA
AGARWAL
and
HONOURABLE MR. JUSTICE PRANAV TRIVEDI
Date : 08/01/2025
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL) The present petition has been filed by four persons claiming that their ancestors were owners of the land bearing revenue survey no. 145, 146/1 to 146/5 of Village Timbi, Taluka Waghodia, District - Vadodara total admeasuring 25 Acres 27 Gunthas. It is stated in paragraph '2' of the writ petition that the aforesaid lands were acquired by the State Government for the purpose of Seed Farm Centre'. The date of acquisition, however, has not been indicated in Page 1 of 8 Uploaded by PHALGUNI PATEL(HC00175) on Mon Jan 13 2025 Downloaded on : Mon Jan 13 21:27:13 IST 2025 NEUTRAL CITATION C/SCA/6714/2017 ORDER DATED: 08/01/2025 undefined the writ petition.
2. In paragraph '3' of the writ petition, it is further stated that the petitioners have came to know that the government does not require the acquired lands for the purpose of Seed Farm Centre and has decided to withdraw from the acquisition and to revert back the land to the land owners on payment of market price. Public news in this regard has been published in the newspaper and hence the petitioner moved an application dated 07.06.2012 in the office of the Collector. However, the request of the petitioner has been rejected by the Collector on the ground that the acquired lands were required on the basis of 'Santhani' and therefore, the request of the petitioner cannot be accepted.
3. We may note that there is a complete silence in the writ petition about the acquisition proceedings conducted for acquisition of the lands in question for the purpose stated therein, namely for Seed Farm Centre and the award for payment of compensation made, if any. It is further stated in the writ petition that in view of the communication dated 20.05.2014, the petitioner had replied to the Collector that there is no question of giving the lands on the basis of 'Santhani' when they were acquired and even after expiry of a period of more than 10 years, the acquired lands had not been Page 2 of 8 Uploaded by PHALGUNI PATEL(HC00175) on Mon Jan 13 2025 Downloaded on : Mon Jan 13 21:27:13 IST 2025 NEUTRAL CITATION C/SCA/6714/2017 ORDER DATED: 08/01/2025 undefined utilized for the purpose of Seed Farm Centre. There is a reference of the government resolution dated 15.09.2000 stating that the State Government had decided to give back the acquired lands to the land holders, where the purpose of acquisition of such lands had not been fulfilled. The acquired lands except constructed portions were returned back by the revenue department. A copy of the resolution dated 15.09.2000 is appended at Annexure-'C' to the writ petition. 3.1. It is further stated that the petitioner had moved another application on 31.12.2015 and 04.02.2016. When no response was received, the present petition has been filed with the reliefs as:-
"23(A) Your Lordships be graciously pleased to admit and allow this petition and be further pleased to direct the respondents to allot the lands in question to the petitioners on payment of market price in view of the policy decision of the Government dated 15.09.2000 within a period of one months from the date of passing of the orders by the Hon'ble Court in the interest of justice.
(B) Pending admission, hearing and final disposal of this petition, Your Lordships be graciously pleased to direct the maintenance of status-quo qua the lands of the petitioners in the interest of justice and an appropriate writ, direction or order be directed to be issued tot he respondents in this behalf."
3.2. In one of the paragraph of the writ petition, it is further sought to be submitted that in response to an application made by the petitioner under the RTI Act, the Special Land Acquisition Officer has informed the petitioner on 01.02.2016 that the lands in question had Page 3 of 8 Uploaded by PHALGUNI PATEL(HC00175) on Mon Jan 13 2025 Downloaded on : Mon Jan 13 21:27:13 IST 2025 NEUTRAL CITATION C/SCA/6714/2017 ORDER DATED: 08/01/2025 undefined not been acquired. Whereas on 25.01.2016, the officer working under the Right to Information Department had informed the petitioner that the required documents were not available in the record. Repeated request made by the petitioner had turned on deaf ear.
4. In the affidavit filed on behalf of the respondent no. 5, namely the Deputy Collector and Sub-Divisional Magistrate, Dabhoi Prant, Dabhoi, District - Vadodara, it is submitted that the land acquisition proceedings with respect to the lands in question were completed way back in the year 1958. As on the date of the filing of the writ petition, the petitioners had no right, title or interest on the acquired lands which had been vested with the State Government. It is stated that the lands bearing survey nos. 145, 146/1 to 146/5 were acquired for the public purpose, i.e. for Seed Farm Centre of Village Timbi, Taluka Waghodia, District Vadodara, total area admeasuring 26 acres 27 gunthas and after completion of the land acquisition proceedings, the possession of the lands in question were handed over to the department of Agriculture, State of Gujarat in the year 1958. Mutation entry in this regard has also been made in the year 1961.
5. As regards the resolution dated 15.09.2000 of the State Page 4 of 8 Uploaded by PHALGUNI PATEL(HC00175) on Mon Jan 13 2025 Downloaded on : Mon Jan 13 21:27:13 IST 2025 NEUTRAL CITATION C/SCA/6714/2017 ORDER DATED: 08/01/2025 undefined Government for return of an unutilized acquired land, it is submitted that when the Agricultural and Co-operation department had closed down some Seed Farm Centre and handed over the possession of survey no. 145 admeasuring 12,242 sq.mtr., and of survey no. 146 admeasuring 95,709 sq.mtr., to the Circle Officer, Waghodia on 14.03.2002, vide order dated 19.09.2006 of the Mamlatdar, the said lands were entered in the name of the State Government and mutation entry to that effect had been made in the revenue record. The copy of the order of the Mamlatdar dated 19.09.2006 is appended as Annexure-R1 to the said affidavit. 5.1. It is further submitted that after promulgation the survey no. 145 had been given new survey no. 240 and survey no. 146 was revised to survey no. 241 and both these lands are running in the name of the State Government. By order dated 21.11.2016, the State Government through the revenue department allotted the land of survey no. 146 admeasuring 20,000 sq.mtr., out of 95,704 sq.mtr., for the public purpose i.e. for the construction of Seva Sadan in the Taluka of Waghodia under Section 99 the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The Collector, Vadodara had passed the order dated 13.01.2017 for transfer of the above noted lands for the Page 5 of 8 Uploaded by PHALGUNI PATEL(HC00175) on Mon Jan 13 2025 Downloaded on : Mon Jan 13 21:27:13 IST 2025 NEUTRAL CITATION C/SCA/6714/2017 ORDER DATED: 08/01/2025 undefined purpose of construction of Seva Sadan at Taluka Waghodia. The copies of the orders dated 21.11.2016 and 13.01.2017 as stated hereinabove have been appended as Annexure-R2 (Coly.) to the said affidavit.
5.2. For the lands admeasuring 5,000 sq.feet., 465 sq.mtr., out of land admeasuring 10-79-51 sq.mtr., of land bearing survey no. 145 and 146, the State Government had passed an order dated 18.12.2016 to allot the said lands for public purpose for construction of the office under I.C.D.S. Waghodia and to that effect the Collector, Vadodara had passed an order dated 01.02.2017. Similarly, out of total land admeasuring 1-50-00 sq.mtrs, from survey no. 145 and land admeasuring 1-22-42 sq.mtr., from survey no. 146, the proposal was submitted on 30.08.2016 and 04.03.2017; respectively, to allot the said land for the public purpose, i.e. for construction of staff quarters of the employees of the revenue department and for construction of office for the District Education Committee, District Panchayat, Vadodara. The said proposal was approved by the Collector, Vadodara on 28.03.2017.
6. With these averments in the affidavit filed on 01.07.2017 on behalf of the respondent no. 5, it is brought before us that the lands in question which were acquired in the year 1958 have been utilized Page 6 of 8 Uploaded by PHALGUNI PATEL(HC00175) on Mon Jan 13 2025 Downloaded on : Mon Jan 13 21:27:13 IST 2025 NEUTRAL CITATION C/SCA/6714/2017 ORDER DATED: 08/01/2025 undefined initially for the purposes for which they were acquired, i.e. for Seed Farm Centre. However, on the closure of the Seed Farm Centre some time in the year 2000, the lands in question had been transferred to the State Government and have been utilized for public purposes as noted hereinabove. The present petition which has been filed in the month of March, 2017 based on the government resolution dated 15.09.2000 seeking for release of the lands in question, on the premise that they were not utilized for the purpose for which it was originally acquired in the year 1958, cannot be entertained.
7. However, before parting with this order, we may record that vide judgment and order dated 01.12.2017, in Civil Appeal No. 20919 of 2017 connected with other matters, the Hon'ble Apex Court has quashed the policy of the State Government for re-grant of the acquired land. It was held by the Hon'ble Apex Court that the policy is in violation of law and re-grant of land is not permissible. If land acquired for public purpose is no longer needed for such purpose, the State can transfer such land but such disposal is regulated by doctrine of public trust. The disposal of property vested in the State can only be consistent with Article 14 of the Constitution of India.
8. Taking note of the above, we may only record that the case of the present petitioner is even not covered by the policy formulated Page 7 of 8 Uploaded by PHALGUNI PATEL(HC00175) on Mon Jan 13 2025 Downloaded on : Mon Jan 13 21:27:13 IST 2025 NEUTRAL CITATION C/SCA/6714/2017 ORDER DATED: 08/01/2025 undefined by the State Government on 15.09.2000, inasmuch as, the lands in question acquired in the year 1958 had been utilized for the purpose for which they were acquired, i.e. for Seed Farm Centre. However, the transfer of utilization of lands for other purposes after the Seed Farm Centre were closed after around 15 years of the acquisition does not give rise to the cause of action to the petitioner to claim release of the lands in question from acquisition and return the possession thereof to them. Same view has been taken by us in the decision rendered in Special Civil Application No. 4306 of 2024 dated 05.09.2024.
9. With the above, the present petition is dismissed as misconceived. No order as to costs.
Consequently, the connected Civil Applications also stand disposed of.
(SUNITA AGARWAL, CJ ) (PRANAV TRIVEDI,J) phalguni Page 8 of 8 Uploaded by PHALGUNI PATEL(HC00175) on Mon Jan 13 2025 Downloaded on : Mon Jan 13 21:27:13 IST 2025