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
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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
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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
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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
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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
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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
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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
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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
