SCA/7880/2008 3/ 3 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 7880 of 2008 ====================================== KANORIA CHEMICALS & INDUSTRIESLTD (SALT DIVISION) Versus STATE OF GUJARAT & others ====================================== Appearance : Mr. Prabhav Mehta for M/s. Nanavati Associates for the petitioner Mr. Sunit Shah, Government Pleader, for respondents. ====================================== CORAM : HONOURABLE MR.JUSTICE ANANT S. DAVE Date : 10/10/2008 ORAL ORDER
1 This
petition under Article 226 of the Constitution of India is filed by
the petitioner challenging the communication dated 24th
March 2008 and 14th May 2008 passed by respondent No.2
pursuant to order dated 30th December 2006 passed by
respondent No.4, by which, it is held that the petitioner has no
right or interest on the land admeasuring 300 Acres of Survey No.1039
of Mouje: Village Jungi, Taluka: Bachau, District: Kutch, in view of
the notification of the Government of Gujarat dated 12th
January 1973 declaring the area as ‘Ghudkhar Wild Life Sanctuary’.
2 It
is the case of the petitioner that the land has been conveyed by the
Government to the petitioner on lease for salt manufacturing for a
period of 20 years. That the petitioner is holding the land since
1990. That the said lease deed was executed on 6th
February 1990 and expired on 31t July 2009. That, the said lease
came to be granted by the then Collector, respondent No.3 herein and,
therefore, the same cannot be cancelled by taking recourse to the
said notification.
3 Before
the matter could be taken up for effective hearing, Mr. Prabhav
Mehta, learned counsel appearing for the petitioner, submits that, on
18th September 2008, the petitioner preferred
application/representation under Section 24 of the Wild Life
[Protection] Act, 1972 for exclusion of the said land from the Wild
Ass Sanctuary [WAS] before the National Board for Wild Life, New
Delhi, which is pending. He, therefore, prays for withdrawal of this
petition at this stage.
3 Mr.
Sunit Shah, learned Government Pleader, submits that, pending
decision on the said application/representation filed by the
petitioner by the National Board for Wild Life, New Delhi, it is
apprehended by the Authority that the petitioner may continue to use
the land in question, though the order has already been passed. He
further submits that the petitioner has no right to use the said land
and even an appropriate action can be taken against the petitioner
for occupying the lease land beyond the time period.
4 In
view of the fact that the petitioner has preferred
application/representation under Section 24 of the Wild Life
[Protection] Act, 1972 for exclusion of the said land from the Wild
Ass Sanctuary [WAS] before the National Board for Wild Life, New
Delhi, I deem it proper not to observe anything on the merit of the
case.
5 This
petition stands disposed of as withdrawn with the following
directions:
[i] The
respondents shall not resort to any coercive action for a period of
six weeks from today;
[ii]
The petitioner shall not cause any damage to the land in question
or put to illegal usage of the said lease land.
6.
Notice is discharged with no order as to costs. Direct service is
permitted.
(ANANT
S. DAVE, J.)
(swamy)