Gujarat High Court Case Information System
Print
SCA/11020/2008 6/ 6 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 11020 of 2008
=========================================================
BHAVNAGAR
PHATAKDA ASSOCIATION - Petitioner(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance :
MR
CHETAN P PANDYA for Petitioner, MR PRANAV M RAVAL
for Petitioner
MR SATYAM CHHAYA AGP for
Respondents,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 10/10/2008
ORAL
ORDER
The
petitioner-Bhavnagar Phatakda Association, has filed this petition
under Article 226 of the Constitution of India with the following
main prayer:-
11(A) Your
Lordships may be pleased to issue a writ of mandamus or any other
appropriate writ, order or direction in the like nature and further
be pleased to direct respondent No.2 to grant / allow the
petitioner’s application dated 19.3.2008 by charging as per
Government Resolution dated 06.06.2003 to petitioner and not by
charging individually by making individual applications
The
petitioner-Association is a society registered under the Societies
Registration Act, 1860 and the members of the Association are
licence holders entitled for selling fire crackers.
It
is the case of the petitioner that by resolution dated 6.6.2006
issued by the Revenue Department of the State of Gujarat, a policy
is framed with regard to allotment of the government land on rent
for certain period for non-agricultural purposes. In the above
resolution, Item No.6 pertains to allotment of government ground on
rental basis for the purpose for which such grounds can be given on
rent and the amount of rent to be charged. Vide said resolution it
was decided that the government land can be given on rent for
industrial, commercial and other purposes by charging Rs.50 per 1000
sq.mtrs. for a period of 15 days. Similarly, for convening meetings
by political parties, Rs.20 per 1000 sq.mtrs. will be charged and
for academy, religious and other purposes charge of Rs.5 per 1000
sq.mtrs. is prescribed. The petitioner-Association made an
application for allotment of land for installing stalls for sale of
fire crackers and the respondent No.2 has rejected the said
application on the ground that cases of individual members can be
considered for allotment of the land and it is necessary to do so in
the interest of individual members and to rule out any arbitrariness
at the end of the Association and its office bearers.
Mr.Pranav
Raval, learned counsel for the petitioner, submits that the decision
of the respondent-authority is unjust, unreasonable, arbitrary,
discriminatory, illegal inasmuch the petitioner-Association has been
applying for the allotment on temporary basis since 1988 and in the
past temporary allotment was made in the name of the Association and
individual plotting for installing the stalls to sale fire crackers
to individual licencee was made by the petitioner. Not only that
but the petitioner-Association in its capacity was providing all
facilities viz. security, temporary connections of electricity,
water etc. and as per the practice no member individually had any
grievance against such allotments. It is further submitted that the
respondent authority has in past allotted land on temporary basis
for individuals for amusement park, funfair and other such
activities and said individuals have sub-letted the land to
individuals and made profit out of it. It is also submitted that
Government cannot indulge into profit making by charging rent from
individuals, by denying allotment to the petitioner, and therefore,
the decision of the District Collector, Bhavnagar deserves to be
quashed and set aside.
Mr.Satyam
Chhaya, learned AGP, relying on the affidavit in reply filed on
behalf of respondent No.2, submits that the Government can fetch
more amount by giving the land on rent for individuals instead of
petitioner-Association. It is further submitted that the District
Collector has taken decision to adopt draw system and whosoever
applies will be allotted the plot on the basis of outcome of the
draw and this will rule out any selective discrimination of the
member of the Association. It is further submitted that Regular
Civil Suit No.1544 of 2006 was filed by Shri Bapasitaram Patakada
Association in the past and that there were representations about
heartburning amongst other members of the Association and to rule
out favouritism and nepotism, it was decided that allotment of
temporary land during Diwali is to be done to the individual
licencees who have obtained licence under Indian Explosive Act, 1884
so that in case of any unfortunate incident due to negligence of
individual, steps can be taken against the said individual in
accordance with law.
It
is submitted by Mr.Satyam Chhaya, learned AGP, that temporary
allotment of the land is within the purview of the powers of
District Collector and when the authority has decided to prepare a
map as per the Indian Explosive Act, 1884 and rules made thereunder,
making it clear about installing different stalls and by following
draw system the Association cannot make any grievance and no right
is vested to claim the allotment and power exercised by the
Collector cannot be said to be in any manner unjust, unreasonable,
arbitrary, discriminatory and violative of Articles 14, 19(1)(g) and
226 of the Constitution of India and this petition deserves to be
dismissed.
Having
heard learned counsel for the parties and perusing the record of the
case, I do not find any substance in the submission made by learned
counsel for the petitioner that refusal to allot the land on
temporary basis as per the provisions of Government Resolution dated
6.3.2003 issued by the District Collector is in any manner
unreasonable, discriminatory, arbitrary, violative of Articles 14,
19(1)(g) and 226 of the Constitution of India. It appears from the
record that a conscious decision is taken by the Authority in the
year 2007 that individual licensee of the fire cracker under the
Explosives Act and the rules made thereunder to be allotted a plot
of land after adopting draw system for which Rs.50/- per 1000
sq.mtrs. cannot be said to be unreasonable and arbitrary. On the
contrary, in case of any unfortunate incident with regard to safety,
liability can be fastened against an individual who is responsible
for the same and further petitioner herein cannot claim temporary
allotment as a matter of right as per the past practice. A rational
decision taken on the basis of the sound reasoning of the Authority
does not call for any interference of this Court under Article 226
of the Constitution of India. The allotment of land on temporary
basis to some individual cannot be pressed into service since the
case of the petitioner is on a different footing.
In
view of the above discussion, this Special Civil Application fails
and is hereby dismissed.
Notice
is discharged with no order as to costs.
(ANANT S. DAVE, J.)
*pvv
Top