Gujarat High Court
Naran Rava Koli vs The Collector on 2 December, 2021
Bench: A. P. Thaker
C/SCA/8637/2008 JUDGMENT DATED: 02/12/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 8637 of 2008
FOR APPROVAL AND SIGNATURE:
HONOURABLE DR. JUSTICE A. P. THAKER
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1 Whether Reporters of Local Papers may be
allowed to see the judgment ?
2 To be referred to the Reporter or not ?
3 Whether their Lordships wish to see the fair copy
of the judgment ?
4 Whether this case involves a substantial question
of law as to the interpretation of the Constitution
of India or any order made thereunder ?
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NARAN RAVA KOLI & 6 other(s)
Versus
THE COLLECTOR & 1 other(s)
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Appearance:
MR VIMAL A PUROHIT(5049) for the Petitioner(s) No. 1,2,3,4,5,6,7
MS DHWANI TRIPATHI AGP for the Respondent(s) No. 1,2
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CORAM:HONOURABLE DR. JUSTICE A. P. THAKER
Date : 02/12/2021
ORAL JUDGMENT
1. Heard learned advocate Mr. Vimal Purohit for the petitioners
and learned AGP Ms. Dhwani Tripathi for the respondent-State.
2. RULE returnable forthwith. Learned AGP Ms. Tripathi
waives service of notice of rule on behalf of the respondent-State.
With the consent of both the sides, the matter is heard finally.
C/SCA/8637/2008 JUDGMENT DATED: 02/12/2021
3. The present petition has been preferred with the following
prayers:
"(A) Your Lordships may be pleased to admit and allow this
petition.
(B) Your Lordships may be pleased to issue a writ of certiorari
or any other appropriate writ, order or direction quashing and
setting aside the impugned order dated 12.02.2008 and
21.04.2008 passed by the Revenue Department, State of Gujarat
and the Collector, Kutch in JaMaNa/542007/2093/A and
A-2/Land/Vashi/998/1346/Ar respectively; and a part of the
order no. JaMana/5606/1346/A dated 23/2/2007 passed by the
State Government as far as it directs the Collector to grant the
land on new tenure basis and not on old tenure basis; and
(C) Direct the Collector to convert lands bearing sr.no.1 and
sr.no 163 paiki of village Medhpar (kumbhardi) from new tenure
basis to old tenure for agricultural purpose basis.
(D) Pending hearing and final disposal of the present petition,
stay the execution and implementation of the orders dated:
12.02.2008 and 21.04.2008 passed by the revenue department,
state of Gujarat and the Collector, Kutch in
JaMaNa/542007/2093/A and A-2/Land/Vashi/998/2008
respectively; and part of the order no. JaMaNa/5606/1346/A
dated 23.02.2007 passed by the State Government as far as it
directs the Collector to grant the land on new tenure basis and
not on old tenure basis.
C/SCA/8637/2008 JUDGMENT DATED: 02/12/2021
(E) Pass the order ans further order/s as deemed fit in the
interest of justice."
4. The brief facts of the petition is that the father of the present
petitioner was granted land bearing survey no. 984 paiki (old
survey no. 205) ad measuring acre 16-19 guntha, of village
Anjarsim, Taluka as new tenure land in the year 2002. As, the
father of the petitioner held that the land for more than 15 years,
he applied before the Mamlatadar, Anjar in the year 2002 and got
the said land converted to old tenure for agricultural purpose as
per the policy of the State Government. Accordingly, the
Mamlatdar of Anjar has ordered to pay Rs.1920/- for conversion of
the said land into old tenure for agricultural purpose and the same
was paid to the State of Gujarat on 23.09.2002. The said land got
converted into the old tenure and after the death of father of the
present petitioner had inherited the said land.
4.1 According to the petitioner, in the year 2004, the Anjar
Area Development Authority has encroached upon the land of
the petitioner on eight acers of land belonging to the petitioner.
Thereafter, it was decided to give alternative land to the
petitioner. On that basis, the petitioner no.1 representation to
Circle Officer of Anjar to grant the land bearing survey no.1 and
survey no. 165 on old tenure basis for agricultural basis. On
29.12.2006, the Deputy Collector of Anjar, took into suo moto
review the order passed by the Mamlatdar to convert the
original land of the petitioner from new tenure to old tenure for
C/SCA/8637/2008 JUDGMENT DATED: 02/12/2021
agricultural purpose and confirmed the same. By order dated
23.12.2007 passed by the Revenue Department of Gujarat State
lands bearing survey no.1 and survey no.165 old survey no.163
village Meghpar, ad measuring total 8 acers were granted to the
petitioner in lieu of their original land, which was acquired by
Anjar Area Development Authority and possession of the
alternative land was handed over to the petitioners on
03.08.2007. The petitioner no.3 applied to the Collector of Kutch
for treating new alternative land, as old tenure land instead of
new tenure land the application was forwarded by the Collector
of Kutch on 29.10.2007 for adjudication to the Deputy Secretary
of Revenue Department. On 12.02.2008 the Revenue
Department of State of Gujarat and on 21.04.2008 the Collector
of Kutch, without affording opportunities of being heard, had
rejected the application given by the petitioner. Being aggrieved
and dissatisfied with the aforesaid orders the petitioner has
approached this court by way of the present petition.
4.2 Learned advocate Mr. Purohit for the petitioners has
vehemently submitted that the grounds mentioned in the
petition on which the impugned orders were challenged are to
the effect that the impugned orders are complete in violation of
GR/JMANA/3997/41/A dated 11.02.1997, wherein it is provided
that in case of allotment of land in lieu of the land acquired by
the State Government, the allotment has to be made on old
tenure basis. In the present case, the original land of the
C/SCA/8637/2008 JUDGMENT DATED: 02/12/2021
petitioner was of old tenure and hence the alternative lands
granted to the petitioners have to be of old tenure only.
According to the provisions of the government resolution the
petitioners are entitled to get old tenure land as their old tenure
land was acquired. Other grounds is of the breach of principles
of natural justice. It is also submitted that the order of the
learned Collector as well as the revenue authority are not
reasoned orders. It is also contended that the documents which
are made the basis of the impugned orders, were not supplied to
the petitioners. Upon all these grounds the petitioner prays to
allow the present petition.
5. Learned AGP Ms. Tripathi has vehemently supported the
impugned orders and referred to the affidavit in reply filed by one
Miteshkumar Prabhulal, especially at para. 10, 13, 14, 15 thereof,
has submitted that the land in question was allotted as special
case, in place of new tenure basis. She has also submitted that
since the land of petitioner came to be acquired by the Anjar Area
Development Authority, 8 acers of land was allotted to the
petitioner on new tenure basis. She has submitted that the Anjar
Area Development Authority has made sufficient attempts to
explain to the petitioner to get compensation in lieu of eight acers
of land acquired by the authorities for public purpose but the
petitioner does not agreed to get compensation. She has also
submitted that initially the land was granted to the father of the
petitioner as new tenure land which was converted into old tenure
C/SCA/8637/2008 JUDGMENT DATED: 02/12/2021
land. However, the facts remains same that the old tenure land was
only for the purpose of agricultural activity and for the same
purpose, are not for the non agricultural purpose. She has also
placed reliance upon the Government Resolution dated 11.02.1997
and submitted that the same is not applicable to the present case
as the petitioner is not the original owner of the land acquired by
the Anjar Area Development Authority. She has vehemently
opposed the present petition and submitted that the revenue
authority has not committed any error while passing the order and
has prayed to dismiss the petition.
6. Having heard the rival submissions of both the sides and
considering the documentary evidence placed on record, there is
no dispute to the facts that the original land was allotted to the
petitioner's father, in the year 1962 in village Anjar as new tenure
land and thereafter the Mamlatadar had converted the land into old
tenure land for agricultural purpose on payment of Rs.1920/- which
was made by petitioner's late father. It is also admitted facts that
upon the death of the father of the petitioner, the petitioner had
inherited the said land. It is also undisputed fact that Anjar Area
Development Authority has put up construction on the parcel of
land of the petitioner. It is also admitted facts that on the basis of
the SWAGAT programme, direction came to be issued by the State
Government to the concerned subordinate authority to grant land
to the petitioner. Thus, when the land of the petitioner was utilized
by the Anjar Area Development Authority for public purpose in the
C/SCA/8637/2008 JUDGMENT DATED: 02/12/2021
year 2004-200,5 the land was of the nature of old tenure land.
7. At this juncture, it is pertinent to note that by government
resolution dated 11.02.1997 the provisions has been made to the
effect that whenever any land of old tenure land is acquired for the
public purpose then in that case allotment of land in lieu thereof
such other land should also be of the same nature i.e, old tenure
land. Not only that but it is also provided that when the same
mistake has occurred in the revenue record regarding the nature of
the land showing it as new tenure land then in such cases
necessary correction be carried out. Admittedly in the present case,
when the land which was utilised by the Anjar Area Development
Authority, was old tenure land than, the land allotted to the
petitioner, in lieu thereof must be of the same nature i.e, old tenure
land. However, now it is the stand of the government that the land
which at present granted to the petitioner is granted as a special
case and therefore, the authority has granted it as new tenure land.
But the fact remains the same that the old tenure land was
acquired for the public purpose. In view of the circular dated
11.02.1997, it is incumbent on the part of the State Government to
allot the land to the petitioner of the same nature of land which
was acquired by the Anjar Area Development Authority i.e, old
tenure land. If the petitioner desires to utilise the land for non
agricultural purpose, then as per the government policy he has to
pay necessary premium thereof.
8. Considering the facts and circumstances of the present case, the
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revenue authorities have not considered all these facts in proper
perspective and has committed serious error in facts and law.
Therefore, the impugned orders needs to be set aside.
9. Accordingly, the impugned orders dated 12.02.2008 and
21.04.2008 passed by the revenue department, state of Gujarat and
the Collector, Kutch in JaMaNa/542007/2093/A and A-2/Land/Vashi/
998/2008 respectively; and part of the order no.
JaMaNa/5606/1346/A dated 23.02.2007 passed by the State
Government, directing the Collector to grant the land on new
tenure basis and not on old tenure basis are hereby quashed and
set aside.
10. The concerned Collector is hereby directed to reconsider the
prayer of the petitioner for treating the land as old tenure land for
agricultural purpose. Such exercise be completed within a period of
three months from the date of receipt of writ of this order.
11. Accordingly, the present petition is allowed. Rule is made
absolute to the aforesaid extent. No orders as to cost. Direct
service is permitted.
(DR. A. P. THAKER, J)
Radhika
