Gujarat High Court
Simanagar Co-Operative Housing ... vs R C Meena on 7 January, 2021
Bench: Mr. Justice Nath, Ashutosh J. Shastri
C/MCA/319/2020 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/MISC. CIVIL APPLICATION NO. 319 of 2020
In
R/SPECIAL CIVIL APPLICATION NO. 13104 of 2019
==============================================================
SIMANAGAR COOPERATIVE HOUSING SOCIETY PART II
Versus
R C MEENA
==============================================================
Appearance:
MR NV GANDHI(1693) for the Applicant(s) No. 1
MR DM DEVNANI ASSISTANT GOVERNMENT PLEADER for the Opponent(s)
No. 1,2,3
==============================================================
CORAM: HONOURABLE THE CHIEF JUSTICE MR. JUSTICE VIKRAM NATH
and
HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI
Date : 07/01/2021
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE VIKRAM NATH)
Heard Shri N.V. Gandhi, learned counsel for the applicant
and Shri D.M. Devnani, learned Assistant Government Pleader
for the opposite parties.
The Gujarat Revenue Tribunal vide order dated 13.04.2010
determined the manner in which the premium was to be
calculated for seeking non agricultural conversion rights of the
land in question. According to the applicant, pursuant to the
order of the Gujarat Revenue Tribunal they applied in
appropriate proforma and requested for demand to be raised.
The demand was never raised by the competent authority,
however, the State of Gujarat filed Special Civil Application No.
6725 of 2013 assailing the order of the Gujarat Revenue
C/MCA/319/2020 ORDER
Tribunal dated 13.04.2010. The said writ petition came to be
dismissed by the learned Single Judge vide judgment and order
dated 19.12.2014. Aggrieved by the judgment of the learned
Single Judge, the State of Gujarat, after a period of four years
preferred F/Letters Patent Appeal No. 22344 of 2018. The said
Letters Patent Appeal was accompanied by an application being
Civil Application No. 1 of 2018 for condonation of delay. The
Division Bench rejected the delay condonation application, as it
did not find satisfactory explanation and consequently, the
appeal was also dismissed by order dated 21.08.2018. When
despite dismissal by the learned Single Judge and by the
Division Bench, the compliance was not being affected of the
order passed by the Gujarat Revenue Tribunal, the present
applicant preferred Special Civil Application No. 13104 of 2019,
praying for some relief from the interest clause imposed by the
Gujarat Revenue Tribunal as according to them they were not at
fault. The said petition was disposed of vide order dated
31.07.2019 directing the District Collector, Surat to comply with
the order of the Gujarat Revenue Tribunal dated 13.04.2010
within six weeks. Despite the same, when no compliance was
affected, the present contempt application has been preferred in
March, 2020. We find from the order sheet that repeated orders
have been passed right from 14.08.2020 issuing notices and
requiring the opposite parties to ensure compliance. We also find
from the record that on various occasions, assurance has been
given by the learned Assistant Government Pleader that
compliance will be affected within a short span. But the fact
remains that till date no compliance has been affected. For sake
of ready reference all the orders passed on 14.08.2020 and
C/MCA/319/2020 ORDER
thereafter are reproduced here under :
:Order dated 14.08.2020:
"1. Seeking invocation of the contempt jurisdiction under
Article 215 of the Constitution of India and the provisions of
Contempt of Courts Act, the applicant is before this Court
making a grievance that there is a willful disobedience of
the order of this Court dated 31.07.2019 passed in Special
Civil Application No. 13104 of 2019. The applicant seeks
implementation of the order dated 31.07.2019 passed in
Special Civil Application No. 13104 of 2019, relevant
paragraph of which requires reproduction: "7. Having
heard Mr. N.V. Gandhi, learned advocate appearing for the
petitioner and Mr. Kanua Antani, learned Assistant
Government Pleader appearing for the respondent No.1 on
advance copy, following direction is issued :
"The District Collector, Surat is hereby directed to
comply with the order dated 13.4.2010 passed by the
Gujarat Revenue Tribunal in Revision Application
No.TEN.B.S. 71/2003 as expeditiously as possible,
preferably within a period of six weeks from the date
of receipt of writ and/or certified copy of this order,
whichever is earlier, unless the said order passed by
the Gujarat Revenue Tribunal is stayed by the Hon'ble
Supreme Court.""
2. The grievance on the part of learned advocate Mr.
N.V.Gandhi is that repeated reminders have made, however,
the order remains unattended and is not compiled with. The
request for determining the amount of premium despite his
communications dated 19.08.2019, 23.08.2019, 24.09.2019
and 26.12.2019 has not been responded to.
3. On an advance copy, learned APP Mr. Hardik Soni
appears and requests for the time. According to him, in the
year 2018 it was contemplated to challenge the order
impugned before the Apex Court. Till date, whether the
same has been filed or not, is not known. He requires time
of two weeks to ascertain the details or comply with the
same.
4. Matter to appear on 31.08.2020."
C/MCA/319/2020 ORDER
: Order dated 31.08.2020:
1. On 14.08.2020, following order came to be passed:
"1. Seeking invocation of the contempt
jurisdiction under Article 215 of the Constitution
of India and the provisions of Contempt of Courts
Act, the applicant is before this Court making a
grievance that there is a willful disobedience of
the order of this Court dated 31.07.2019 passed
in Special Civil Application No. 13104 of 2019.
The applicant seeks implementation of the order
dated 31.07.2019 passed in Special Civil
Application No. 13104 of 2019, relevant
paragraph of which requires reproduction:
"7. Having heard Mr. N.V. Gandhi, learned
advocate appearing for the petitioner and Mr.
Kanua Antani, learned Assistant Government
Pleader appearing for the respondent No.1 on
advance copy, following direction is issued :
"The District Collector, Surat is hereby
directed to comply with the order dated
13.4.2010 passed by the Gujarat Revenue
Tribunal in Revision Application
No.TEN.B.S. 71/2003 as expeditiously as
possible, preferably within a period of six
weeks from the date of receipt of writ
and/or certified copy of this order,
whichever is earlier, unless the said order
passed by the Gujarat Revenue Tribunal is
stayed by the Hon'ble Supreme Court.""
2. The grievance on the part of learned advocate
Mr. N.V.Gandhi is that repeated reminders have made,
however, the order remains unattended and is not
compiled with. The request for determining the amount
of premium despite his communications dated
19.08.2019, 23.08.2019, 24.09.2019 and 26.12.2019
has not been responded to.
3. On an advance copy, learned APP Mr. Hardik
Soni appears and requests for the time. According to
him, in the year 2018 it was contemplated to
C/MCA/319/2020 ORDER
challenge the order impugned before the Apex Court.
Till date, whether the same has been filed or not, is
not known. He requires time of two weeks to ascertain
the details or comply with the same."
4. Matter to appear on 31.08.2020."
2. Today, when the matter came up for hearing, learned
advocate Mr.N.Vgandhi for the applicant submits that he
had checked on the website of Apex Court and till date no
challenge has been made to the order of this Court in Letters
Patent Appeal No. 22344 of 2018 in Special Civil Application
No. 6725 of 2013.
3. Learned Assistant Government Pleader Ms. Tripathi
confirms this aspect she, however, needs further time to
take instructions as to whether in fact, there is likely to be
any challenge to the base order.
4. Let an affidavit be filed as already time of two weeks had
been granted by us on the last occasion, the same shall be
done on or before 04.09.2020 with an advance copy to the
other side. It shall be made clear whether the State has
challenged otherwise, it is expected to comply with the
same.
5. Matter is 04.09.2020.
: Order dated 08.09.2020 :
1. There was a categorical direction issued on
31.08.2020, where the affidavit was directed to be filed
within two weeks and last opportunity was granted with
advance copy to the other side.
"1. On 14.08.2020, following order came to be
passed:
"1. Seeking invocation of the contempt
jurisdiction under Article 215 of the Constitution
of India and the provisions of Contempt of Courts
Act, the applicant is before this Court making a
grievance that there is a willful disobedience of
the order of this Court dated 31.07.2019 passed
in Special Civil Application No. 13104 of 2019.
C/MCA/319/2020 ORDER
The applicant seeks implementation of the order
dated 31.07.2019 passed in Special Civil
Application No. 13104 of 2019, relevant
paragraph of which requires reproduction:
"7. Having heard Mr. N.V. Gandhi, learned advocate
appearing for the petitioner and Mr. Kanua Antani,
learned Assistant Government Pleader appearing for
the respondent No.1 on advance copy, following
direction is issued :
"The District Collector, Surat is hereby directed to
comply with the order dated 13.4.2010 passed by the
Gujarat Revenue Tribunal in Revision Application
No.TEN.B.S. 71/2003 as expeditiously as possible,
preferably within a period of six weeks from the date
of receipt of writ and/or certified copy of this order,
whichever is earlier, unless the said order passed by
the Gujarat Revenue Tribunal is stayed by the Hon'ble
Supreme Court.""
2. The grievance on the part of learned advocate
Mr. N.V.Gandhi is that repeated reminders have made,
however, the order remains unattended and is not
compiled with. The request for determining the amount
of premium despite his communications dated
19.08.2019, 23.08.2019, 24.09.2019 and 26.12.2019
has not been responded to.
3. On an advance copy, learned APP Mr. Hardik
Soni appears and requests for the time. According to
him, in the year 2018 it was contemplated to
challenge the order impugned before the Apex Court.
Till date, whether the same has been filed or not, is
not known. He requires time of two weeks to ascertain
the details or comply with the same."
4. Matter to appear on 31.08.2020."
2. Today, when the matter came up for hearing,
learned advocate Mr.N.Vgandhi for the applicant
submits that he had checked on the website of Apex
Court and till date no challenge has been made to the
order of this Court in Letters Patent Appeal No. 22344
of 2018 in Special Civil Application No. 6725 of 2013.
3. Learned Assistant Government Pleader Ms.
C/MCA/319/2020 ORDER
Tripathi confirms this aspect she, however, needs
further time to take instructions as to whether in fact,
there is likely to be any challenge to the base order.
4. Let an affidavit be filed as already time of two
weeks had been granted by us on the last occasion,
the same shall be done on or before 04.09.2020 with
an advance copy to the other side. It shall be made
clear whether the State has challenged otherwise, it is
expected to comply with the same.
5. Matter is 04.09.2020."
2. Ms. Dhwani Tripathi earnestly pleaded for grant of
one adjournment as according to her, affidavit is already
filed and is likely to be tendered tomorrow. Last opportunity,
as per her request, is granted.
3. S.O. To 15.09.2020. No further adjournment shall be
granted.
Stand over to 23rd September, 2020.
: Order dated 23.09.2020 :
At the request of learned Assistant Government Pleader Ms.
Aishvarya Gupta, in order to solicit further information in the
matter, stand over to 5.10.2020.
: Order dated 05.10.2020 :
1. Learned AGP Ms. Mehta requires 10 days' time to enable
the State to pursue the matter before the Apex Court.
According to her instructions, the matter has received the
Diary Number being 20115 of 2020.
2. The time, requested for, by learned AGP is granted. Matter
to appear on 19.10.2020.
3. If the matter is not proceeded before the Apex Court in the
meantime by the State, after hearing both the sides on the
next adjourned date, other and further orders shall be
passed.
:Order dated 05.10.2020:
C/MCA/319/2020 ORDER
1. On 05.10.2020, this Court passed the following order.
"1. Learned AGP Ms. Mehta requires 10 days' time to
enable the State to pursue the matter before the Apex
Court. According to her instructions, the matter has
received the Diary Number being 20115 of 2020.
2. The time, requested for, by learned AGP is granted.
Matter to appear on 19.10.2020.
3. If the matter is not proceeded before the Apex Court in
the meantime by the State, after hearing both the
sides on the next adjourned date, other and further
orders shall be passed."
2. It is submitted that so far nothing has been proceeded
before the Apex Court. Matter is still at the stage of diary
number only.
3. Let the compliance of earlier order be made subject to the
outcome of the SLP which is pending before the Apex Court.
Let the matter appear on 04.11.2020.
:Order dated 04.11.2020:
1. Ms. M.D. Mehta, learned Assistant Government Pleader
ensures due compliance in a short time.
2. Let the process be expedited. Matter to appear on board on
26.11.2020.
:Order dated 26.11.2020:
Ms.Maithili D. Mehta, learned Assistant Government
Pleader has reiterated what was stated by her before this
Court on 21.10.2020. Ms.Mehta, learned Assistant
Government Pleader, upon instructions from Dr.Dhaval
Patel, District Collector, Surat, submits that the appropriate
decision shall be taken as per the order subject to the
Special Leave Petition which is preferred by the State,
within a period of 15 days. At her request stand over to
16.12.2020.
:Order dated 16.12.2020:
C/MCA/319/2020 ORDER
Ms. Maithili Mehta, learned AGP seeks further time for
compliance. She states, on instructions, that the final order
of the Revenue Department is awaited and hence, seeks
time. At the request of Ms.Maithili Mehta, learned AGP, S.O.
To 7.1.2021."
Today, Shri D.M. Devnani, learned Assistant Government
Pleader has prayed for some further accommodation as
according to him, the State of Gujarat has approached the
Supreme Court challenging the order passed by the Division
Bench, the learned Single Judge and the Gujarat Revenue
Tribunal, to which a diary number has been allotted. We failed to
understand the conduct of the opposite parties or the officers
who may have been posted on the relevant posts right from the
year 2010 as to why compliance was not affected, despite Letters
Patent Appeal having been dismissed on the ground of limitation
and delay. They again delayed the matter and after two years
have preferred to approach the Supreme Court in September,
2020.
Another aspect which will gain importance would be the
payment of interest beyond 2010 when the present applicant
had applied for the conversion at the rate decided by the Gujarat
Revenue Tribunal, but the State did not issue any demand and
continued to litigate further before this Court by way of Special
Civil Application, then by way of Letters Patent Appeal and now
it is before the Supreme Court. That aspect would be considered
at appropriate stage. For the time being, we are, of the firm view
that prima facie, there is disobedience/noncompliance of the
directions issued by the Gujarat Revenue Tribunal, affirmed by
the learned Single Judge and the Division Bench and further
C/MCA/319/2020 ORDER
directions issued by this Court dated 31.07.2019 passed in
Special Civil Application No. 13104 of 2019. We, accordingly,
direct that whoever is posted on the post of Commissioner of
Land Reforms, and as exofficio Secretary of Revenue
department, District Collector, Surat and the Deputy Collector,
Land Reforms, Surat i.e. the office of opposite party Nos. 1, 2
and 3 to remain present before us through Video Conferencing
on 29.01.2021 for framing of charges. We, however, leave it open
to the opposite parties to ensure compliance in the meantime
that whatever conditions they may wish to impose legally and
proceed with compliance of the orders passed by the Gujarat
Revenue Tribunal as well as this Court.
List the matter on 29.01.2021.
(VIKRAM NATH, CJ)
(ASHUTOSH J. SHASTRI, J)
/phalguni/
