Gujarat High Court
State Of Gujarat Through District ... vs Pir Geban Shahid Dargah And Masjid on 13 June, 2024
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C/SCA/12893/2020 JUDGMENT DATED: 13/06/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 12893 of 2020
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE J. C. DOSHI
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1 Whether Reporters of Local Papers may be allowed No
to see the judgment ?
2 To be referred to the Reporter or not ? No
3 Whether their Lordships wish to see the fair copy No
of the judgment ?
4 Whether this case involves a substantial question No
of law as to the interpretation of the Constitution
of India or any order made thereunder ?
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STATE OF GUJARAT THROUGH DISTRICT COLLECTOR
Versus
PIR GEBAN SHAHID DARGAH AND MASJID
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Appearance:
MR JAYNEEL PARIKH, AGP for the Petitioner(s) No. 1
MR MANISH S SHAH(5859) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 13/06/2024
ORAL JUDGMENT
1. By way of present petition under Article 227 of the
Constitution of India, the petitioner has prayed for following
reliefs in para 7 :-
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C/SCA/12893/2020 JUDGMENT DATED: 13/06/2024
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"A. This Hon'ble Court may be pleased to Admit and
allow this petition;
B. This Hon'ble Court may be pleased to quash and set
aside the judgment and order dated 06.10.2012 passed
below Exh. 47 in Civil Misc. Application No. 52 of 2012.
C. This Hon'ble Court may be pleased to quash and set
aside the order dated 31.12.2019 passed by the Ld.
Additional District Judge, Himatnagar, Dist: Sabarkantha
below Exh.12 in Execution Application No.50 of 2015.
CC. That the pending and hearing and final carniczon
adjudication of the present Special Civil Application your
lordship may be pleased to stay the implementation of the
order dated 06.10.2012 passed below Exh.47 in Civil Misc.
Application No. 52 of 2012 and order dated 31.12.2019
passed by the Ld. Additional District Judge, Himmatnagar,
District: Sabarkantha below Ex.12 in Execution
Application No. 50 of 2015.
D. Any other and further relief as may be deemed fit and
appropriate by this Hon'ble Court be please granted."
2. Facts in nutshell are as under :-
2.1. Pursuant to communal riots which took place in the year
2002, and in view of the order passed by this Court in Special
Civil Application No.3023 of 2003, original petitioner preferred
CMA No.52 of 2012 before the learned Principal District Judge,
Sabarkantha at Himmatnagar. The application was allowed by
order dated 06.10.2012 by learned Principal District Judge,
Sabarkanthat @ Himmatnagar and State was directed to pay
Rs.40,000/- by way of compensation to petitioner - Pir Geban
Shahid Dargah and Masjid Public Trust, Himmatnagar. This
order was not challenged on the ground that State was pursuing
remedy before the Hon'ble Apex Court against the judgment and
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C/SCA/12893/2020 JUDGMENT DATED: 13/06/2024
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order passed in Special Civil Application No.3023 of 2003.
Meanwhile, execution was moved before the Court below and
warrant was issued. Therefore, present petition.
3. What appears that CMA No.52 of 2012 was moved by the
original claimant before the learned Principal District Judge,
Sabarkanthat at Himmatnagar on the basis of direction issued
by this Court in Special Civil Application No.3023 of 2003.
Judgment passed in Special Civil Application No.3023 of 2003
was carried to challenge before the Hon'ble Apex Court by filing
Civil Appeal No.3249 of 2016. Detail and extensive judgment is
delivered by the Hon'ble Apex Court in Civil Appeal No.3249 of
2016. Relevant portion of the judgment reads as under :-
"40. In the present case, similar direction was given and
the State has framed the scheme. On a close scrutiny of
the scheme, we have noticed that the Government has
fixed the maximum amount under the caption of ex gratia
assistance and also conferred the power on the District
Collector of the Districts where religious places are
situated to determine about the ownership or
administration rights of religious places concerned. There
are certain conditions precedent for claiming the amount.
The terms and conditions which are incorporated in the
scheme are quite reasonable. It is also worthy to note that
while fixing the maximum limit, the Government has
equated the same with houses which have been given the
assistance. When the individual's grievances pertaining to
property has been conferred the similar assistance, we are
disposed to think, the assistance rendered for
repairing/restoration of public places of worship will come
within the guidelines of Prafull Goradia (supra) and
Archbishop 41 (2009) 17 SCC 90 49 Raphael Cheenath
S.V.D. (supra). Therefore, we accept the said scheme.
41. The claimants who fulfil the conditions of the scheme
shall approach the authorities therein within eight weeks
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and the said authorities shall determine the same within
three months from the receipt of the claims. If any party is
aggrieved by the denial of the benefit, he can take
appropriate steps in accordance with law."
4. The Hon'ble Apex Court has accepted the scheme of grant
of ex-gratia assistance and permitted sufferer to approach the
authority within eight weeks and the authorities were directed to
determine the same within three months.
5. Since judgment and order dated 06.10.2012 passed by the
learned Principal District Judge is based on judgment and order
passed by this Court in Special Civil Application No.3023 of
2003, which is reversed by Hon'ble Apex Court by aforesaid
judgment and order passed in Civil Appeal No.3249 of 2016,
judgment and order dated 06.10.2012 passed in CMA No.52 of
2012 does not survive and ipso-facto render without cause of
action.
6. In view of above, present petition is allowed. Judgment and
order dated 06.10.2012 passed in CMA No.52 of 2012 and all
consequential proceedings including execution proceedings being
Execution Application No.50 of 2015 is set aside. The original
petitioner - Phir Geban Shahid Dargah and Masjid Public Trust,
Himmatnagar before the learned Principal District Judge in CMA
is given liberty to approach concerned authority for ex-gratia
assistance, if any as framed in the scheme within eight weeks
from today and the authority concerned shall determine the
claim within three months from the date of receipt of the claim,
in view of the fact that original claimants are completely non
suited.
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7. The Court concerned is directed to pass necessary order to
dispose of Darkhast proceedings in view of present order.
(J. C. DOSHI,J)
SATISH
