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LPA/671/2008 2/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 671 of 2008
In
SPECIAL
CIVIL APPLICATION No. 12990 of 2007
To
LETTERS
PATENT APPEAL No. 680 of 2008
In
SPECIAL CIVIL APPLICATION No. 13000 of 2007
With
LETTERS
PATENT APPEAL No. 682 of 2008
In
SPECIAL CIVIL APPLICATION No. 13001 of 2007
With
CIVIL
APPLICATION No. 7713 of 2008
To
CIVIL
APPLICATION No. 7722 of 2008
With
CIVIL
APPLICATION No. 7724 of 2008
=================================================
BHARTIBA
D/O NARUBHA DOSHAJI ZALA & 6 - Appellant(s)
Versus
THE
STATE OF GUJARAT & 1 - Respondent(s)
=================================================
Appearance
:
MR
DILIP B RANA for Appellant(s) : 1 - 7.
MR SHIVANG SHUKLAR AGP for
Respondent(s) : 1 -
2.
=================================================
CORAM
:
HONOURABLE
THE ACTING CHIEF JUSTICE MR. M.S.SHAH
and
HONOURABLE
MR.JUSTICE D.H.WAGHELA
Date
: 17/07/2008
COMMON ORAL ORDER
(Per
: HONOURABLE THE ACTING CHIEF JUSTICE MR. M.S.SHAH)
These
appeals under Clause 15 of the Letters Patent are directed against
the common order dated 19.6.2007 of the learned Single Judge in
Special Civil Application No.12990 of 2007 and connected matters
dismissing the writ petitions filed by the appellants herein.
2. The
State Government had issued notification dated 12.1.1973 under
Section 18 of the Wild Life (Protection) Act, 1972 declaring the
intention of the Government to constitute certain areas for the
purpose of protecting, propagating or developing wild life or its
environment, particularly for declaring the said areas as wild ass
sanctuary. The lands in question were covered by the said
notification. Thereafter, the Collector, Surendrangar published a
proclamation under Section 21 of the Act requiring any person
claiming any right in such land, to prefer to the Collector, a
written claim specifying the nature and extent of such right, if any,
with necessary details and the amount and particulars of the
compensation, if any, claimed in respect thereof. Section 22 requires
the Collector to make inquiries into such claims and Section 23
confers upon the Collector the powers to survey, demarcate and make a
map of the land in question or to get these things done by another
officer. Section 24 provides that after holding such inquiry, the
Collector shall pass an order admitting or rejecting the claim in
whole or in part, and if such claim is admitted in whole or in part,
the Collector may either exclude such land from the limits of the
proposed sanctuary or proceed to acquire such land or rights, subject
to certain exceptions. Section 24 also permits the Collector to
allow, in consultation with the Chief Wild Life Warden, the
continuance of any right of any person qua such land.
Accordingly,
the Collector issued proclamation dated 25.9.1997 under Section 21 of
the Act inviting the persons claiming any right in the lands in
question to prefer written claims.
While
the appellants herein lodged their claims at the relevant time in
response to the above proclamation under Section 21 of the Act, when
the Collector issued notices fixing the dates of hearing, it appears
that the appellants either did not appear before the Collector or
appeared before the Collector and submitted documents which the
Collector did not consider to be satisfactory for the purpose of
admitting their claims. Consequently, the Collector rejected the
claims made by the appellants herein and rejected the request for
excluding the lands in question from the limits of the proposed wild
ass sanctuary.
Aggrieved
by the said orders of the Collector/ Additional Collector,
Surendranagar, the appellants moved this Court by filing the writ
petitions. The learned Single Judge was pleased to reject the
petitions by common order dated 19.6.2007. Hence, these appeals.
3. Mr
Rana, learned advocate for the appellants has submitted that the
appellants or their ancestors have been carrying on salt
manufacturing activity on the lands in question for the last more
than 50 years, since 1951 to be precise, and that the appellants have
sufficient evidence to show that the appellants or their ancestors
were permitted to carry on salt manufacturing operations on the lands
in question. It is submitted that because the appellants are
illiterate or semi-literate, the appellants could not produce all the
documents before the Collector at the time of hearing and that if one
more opportunity is given, the appellants will produce the necessary
documentary evidence in support of their claims.
4. Mr
Shivang Shukla, learned AGP for the respondents submits that
sufficient opportunities were given to the appellants and the learned
Single Judge has rightly dismissed the writ petitions.
5. Having
heard the learned counsel for the parties, we are of the view that
since the appellants claim that the appellants or their ancestors
have been carrying on salt manufacturing operations on the lands in
question for the last more than 50 years and that the appellants were
not in a position to produce the necessary documentary evidence
earlier, the interests of justice would be served if the appellants
are given last opportunity to produce all the documentary evidence in
support of their case within one month from today and thereupon the
Collector / Additional Collector, Surendranagar shall consider and
decide the appellants’ claims in accordance with law without being
influenced by the previous orders of the Collector/ Additional
Collector, Surendranagar and also without being influenced by the
fact that the learned Single Judge had dismissed the writ petitions
of the appellants by the order dated 19.6.2007.
It
is directed accordingly.
It
goes without saying that the appellants, who submit any additional
documents within one month from today, shall also be given an
opportunity of personal hearing before the Collector / Additional
Collector takes final decision in the matter.
6. The
appeals are accordingly disposed of in terms of the aforesaid
directions.
Since
the appeals are disposed of, the civil applications for stay do not
survive and are disposed of accordingly.
(M.S. SHAH, Actg. C.J.)
(D.H. WAGHELA, J.)
zgs/-
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