Gujarat High Court
Solemake Associate Through Partner ... vs State Of Gujarat on 21 April, 2025
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
C/SCA/16059/2024 ORDER DATED: 21/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 16059 of 2024
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SOLEMAKE ASSOCIATE THROUGH PARTNER YASHRAJ VINOD GADVI
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR NIRAV R MISHRA(6140) for the Petitioner(s) No. 1
MR JAYNEEL PARIKH ASSTT. GOVERNMENT PLEADER for the Respondent(s) No. 1,2,3,4,5
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 21/04/2025
ORAL ORDER
1. Heard learned advocate Mr. Nirav Mishra for the petitioner and
learned AGP Mr. Jayneel Parikh for the respondent No.1 - State.
2. By way of this petition, the petitioner challenges order dated
06.04.2022, whereby the application of the petitioner for being allotted land
admeasuring 270 Hectares situated at Shinapar, Ta. Lakhpat, Dist. Kutch,
has been rejected.
3. Learned advocate Mr. Mishra for the petitioner would submit that the
impugned order is being challenged only on the short ground that the order
of rejection has been passed by an authority, who was not competent to do
so. Learned advocate would draw the attention of this Court to the
impugned order dated 06.04.2022 as well as order dated 24.02.2022, based
upon which order dated 06.04.2022 had been passed. Learned advocate
would submit that the original order appears to have been passed by the
Assistant Industries Commissioner, whereas the policy of the State
Government vide Circular dated 27.07.2020 envisages that the decision with
regard to an application for lease of land for salt manufacturing at more
NEUTRAL CITATION
C/SCA/16059/2024 ORDER DATED: 21/04/2025
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than to 500 Acres could be decided by the Cabinet only. Learned advocate
would also draw the attention of this Court to a decision passed by a learned
Coordinate Bench dated 27.07.2023, whereby a similar issue had been
decided. Having regard to such submissions, learned advocate would request
that this petition may be allowed by this Court.
4. On the other hand, the present petition is vehemently objected to by
learned AGP Mr. Parikh. Learned AGP would submit, more particularly
relying upon an affidavit filed by the Deputy Collector that the impugned
order is just and proper, more particularly, the Assistant Industries
Commissioner vide order dated 24.02.2022, had taken into consideration
reports by different officers and whereas the authorities concerned were of
the opinion that the land could be better utilized, if it is allotted to a
different industry. Having regard to such submissions, learned AGP would
request that the present petition may be rejected.
5. Considering the submissions made by the learned advocates for the
respective parties and having perused the documents on record including
the judgment passed by the learned Coordinate Bench, to this Court, it
would appear that the issue is in a very narrow compass. The issue being as
to whether the Assistant Industries Commissioner was competent to reject
the request made by the petitioner for grant of land on lease basis for
manufacturing salt. In this regard, reference could be made to Government
Circular dated 27.07.2020, more particularly whereby the State Government
through Revenue Department has inter alia set out the authorities
competent to decide application for grant of land on lease for salt
manufacturing and whereas in so far the present case is concerned, since
request was for grant of land for an area admeasuring more than 500 Acres,
therefore, the competent authority for deciding the same, would be the
Cabinet of the State Government. It would appear in this regard that the
NEUTRAL CITATION
C/SCA/16059/2024 ORDER DATED: 21/04/2025
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application of the petitioner was for 270 Hectares, which would translate
into 667.185 Acres i.e. more than the cut-off 500 Acres as found in the
Circular dated 27.07.2020. It would appear that since it was the Cabinet of
the State Government, which was empowered to take a decision as regards
application for grant of salt on lease basis for more than 500 Acres,
therefore, the order passed by the Assistant Industries Commissioner, could
not said to be in accordance with the policy of the State Government.
6. While the learned AGP has attempted to contend that the order was
just and proper on its merits, yet to this Court, it would appear that since an
authority incompetent had passed order, the order would require
interference on the very short point as above.
7. Having regard to the above discussion, the following directions
would meet with the ends of justice:
(a) The order dated 24.02.2022 passed by the Assistant Industries
Commissioner is quashed and set aside. Furthermore, the
communication dated 06.04.2022 relying upon order dated
24.02.2022 is also quashed and set aside.
(b) The Collector / the appropriate authority shall ensure that the
application preferred by the petitioner for grant of land on
lease basis for salt manufacturing, shall be placed before the
competent authority as per the Circular dated 27.07.2020 for
taking an appropriate decision.
With this observations and direction, the present petition stands
disposed of as allowed. Direct service is permitted.
(NIKHIL S. KARIEL,J)
Y.N. VYAS
