Gujarat High Court Case Information System
Print
SCA/7531/2009 5/ 5 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 7531 of 2009
With
SPECIAL
CIVIL APPLICATION No. 10373 of 2009
=========================================================
BABUBHAI
BHIKHABHAI CHAVCHETA & 6 - Petitioner(s)
Versus
STATE
OF GUJARAT & 6 - Respondent(s)
=========================================================
Appearance
:
MR
ASHISH M DAGLI for
Petitioner(s) : 1 - 7.
MR PK JANI, GOVT PLEADER with MS MONALI
BHATT, AGP for Respondent :1.
None for Respondent(s) : 2 - 6.
MR
APURVA R KAPADIA for Respondent(s) :
7,
=========================================================
CORAM
:
HONOURABLE
MS. JUSTICE R.M.DOSHIT
and
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 25/02/2010
COMMON
ORAL ORDER
(Per
: HONOURABLE MS. JUSTICE R.M.DOSHIT)
These
two petitions under Article 226 of the Constitution of India have
been filed by the residents of village Vira, Taluka Anjar, District
Kachchh and the District Panchayat, Vira against the order dated 5th
September 2008 made by the District Collector, Kachchh in respect of
grant of 150 acres of land out of land Revenue Survey No.496 of
village Vira to the respondent no.6 one Vijay Hanubhai Darbar for the
purpose of salt pan.
It
is the claim of the petitioners that the land Survey No.496 of
village Vira is a large piece of land admeasuring 750 hectares. Lands
Survey Nos.514 to 522 form part of the said land Revenue Survey
No.496. The said lands Survey Nos.514 to 522 admeasuring 280 acres
were, by order dated 18th December 1971 of the District
Collector, Kachchh, vested in the Vira Gram Panchayat and were
allotted for ‘gauchar’ land. The land admeasuring 150 acres out of
the land Revenue Survey No.496 granted to the respondent Vijay
Hanubhai Darbar is part of the aforesaid ‘gauchar’ land bearing
Revenue Survey Nos.514 to 522. It is the grievance of the petitioners
that the impugned grant of the land for salt pan will reduce the area
of the ‘gauchar’ land available to the village. Further, once the
said land is vested in the Gram Panchayat, the District Collector had
no authority to make the allotment of the said land for salt pan.
In
answer to the notice issued by the Court, learned Government Pleader
Mr.Jani has appeared for the respondents authorities. He has received
instructions from Shri A.J.Acharya, Deputy Collector, Anjar, District
Bhuj, and Shri D.P.Jethwa, District Inspector of Land Records,
Kachchh. He has submitted that it is true that the land Revenue
Survey No.496 is a huge piece of land. In the revenue record it is
entered as Government waste land. He also admits that the lands
Survey Nos.514 to 522 admeasuring 280 acres were vested in the Gram
Panchayat for the purpose of ‘gauchar’ land. He also admits that the
lands Survey Nos.514 to 522 are the part of the larger land Revenue
Survey No.496. He also admits that 150 acres of land granted to the
respondent Vijay Hanubhai Darbar for the purpose of salt pan forms
part of the lands Survey Nos.514 to 522.
Learned
Government Pleader Mr.Jani has submitted that as the land Survey
No.496 is a Government waste land, it is the District Collector who
has authority to make order of allotment. In exercise of the said
power, the District Collector has made the impugned order dated 5th
September 2008. The impugned order has thus been made in exercise of
power vested in the District Collector.
In
our view, on the facts stated above, it is apparent that the District
Collector or the officers functioning on his behalf have ignored the
existence of the lands Survey Nos.514 to 522; the vesting of the said
lands Survey Nos.514 to 522 in the Vira Gram Panchayat and the
declaration of the said land as ‘gauchar’ land. The District
Collector could not have made allotment of the land which is vested
in the Gram Panchayat and has been declared as ‘gauchar’ land.
RULE.
By way of interim order pending the petitions, we direct that the
District Collector and the District Inspector of Land Records,
Kachchh will demarcate the lands Survey Nos.514 to 522 admeasuring
280 acres vested in the Vira Gram Panchayat and declared as ‘gauchar’
land. They will make appropriate rectification in the revenue record
of village Vira and will make necessary mutation entries. Until the
District Collector and the District Inspector of Land Records,
Kachchh demarcate the ‘gauchar’ land as directed hereinabove, the
impugned order dated 5th September 2008 of allotment of
150 acres of land for salt pan will not be implemented. The request
of the respondent Vijay Hanubhai Darbar for grant of land for salt
pan will be reconsidered after the demarcation and rectification as
aforesaid is made. The District Collector will not make allotment of
any part of the lands Survey Nos.514 to 522, the ‘gauchar’ land.
(K.M.Thaker,
J.) (Ms.R.M.Doshit, J.)
/moin
Top