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SCA/17/2010 2/ 8 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 17 of 2010
For
Approval and Signature:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
HONOURABLE
MR.JUSTICE AKIL KURESHI
=========================================
RAVUBHA
PREMSANGJI JADEJA & 5 - Petitioner(s)
Versus
STATE
OF GUJARAT & 7 - Respondent(s)
========================================
Appearance :
MR
KIRTIDEV R DAVE for
Petitioner(s) : 1 - 6.MR RAHUL K DAVE for Petitioner(s) : 1 -
6.
GOVERNMENT PLEADER for Respondent(s) : 1, 4, 8,
MR KS
NANAVATI, SR. ADVOCATE, WITH MR.RAKESH GUPTA WITH MR ABHISHEK MEHTA
for M/S TRIVEDI & GUPTA for Respondent(s) : 2,
SINGHI & CO
for Respondent(s) : 3,
MR PS CHAMPANERI for Respondent(s) : 5 -
6.
NOTICE SERVED BY DS for Respondent(s) :
7,
=========================================
CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
and
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 27/09/2010
CAV
ORDER
(Per
: HONOURABLE MR JUSTICE AKIL KURESHI)
This
petition has been filed by the residents of village Siracha in
Mundra Taluka of Kutch District and include some of the members of
Siracha Gram Panchayat. In the petition, they have opposed allotment
of gaucher land of the village in favour of respondent No.2, viz.
Mundra Port and Special Economic Zone Ltd. by the State Government
on various grounds.
During
the pendency of the petition, negotiations were carried out between
two sides. Respondent No.2 had suggested certain developmental
measures to be undertaken for the benefit of the residents of the
village to obviate the difficulties on account of the shrinking of
the gaucher land. Under letter dated 25.12.09 from the Adani
Foundation, a registered trust 16 proposals were sent to the
Sarpanch and other members of the Gram Panchayat of village Siracha.
The contents of the letter read as follows:
With
respect it is informed that :
The
lands of village Gaucher and waste type lands, Shirach village is
granted by the Government of Gujarat to the Adani Group of
Companies The Mundra Port and Special Economic Zone Limited
Company. Wherein as per Rules land Regulations of Central
government and State Government the Industrial development workers
are being in progress in the above said areas. During the
discussions are taking place among the responsible officers of the
Adani Group and village people for working in the said lands for
maintaining the good relations for permanent basis, have been decided
to give co-operation to each other. On the part of the social
responsibilities to be held by the Company the feeling created by
the people of the village that the development works of the Shiracha
Village should be done by the Adani Foundation. It is decided
mutually by the consent of each other than the following mentioned
works should be done serially stage by stage.
For
the facility of fodders of the cattle owned by the village people,
to be made a cow-shed (Gau Shala) and it should be entrusted to the
village. In this cow-shed as necessity the arrangement of
maintaining expenses should have to be done by the Adani
Foundation.
To
establish drainage facility.
To
arrange for Doctor in the village.
For
clean water to be drunk by the village people to store and
distribute the water of Narmada River.
To
construct the roads in the village wherever it is necessity, and as
per demand to construct the road going to the temple of Hanumanji.
For
the socially use of the village people three public buildings should
be constructed.
To
form the accommodation of bus stand in the village.
As
demanding by the village people, to be constructed two crematoriums
and to make arrangement for storing the water therein.
For
the cattle of the village to be made a through of water for cattle
and to be made a bird house for the birds.
To
be given the employment to the widow females persons, handicapped
persons and young persons of the village.
In
the village Primary School be provided necessary facilities and to
be set up the computers.
For
the child play grounds and playing activities in the village to be
created necessary facilities.
In
the Deneshwar Temple to stay for saints to be constructed the rooms
and to be arranged of water for drinking.
To
help to repair the temples in the village.
To
the young persons learned of the village after Standard 10, to be
given necessary training as such I.T.I. And as per their
qualifications and skilled to be given priority in the service.
To
be given priority to take on hire the vehicles of the village
Shiracha as per necessity raised in the Adani Power and to run the
canteen and shops in the company the priority should have to be
given priority to the village people.
For
Adani Foundation,
Sd/-
Authorized Officer.
25.12.09.
On
2.7.2010, it was conveyed to us by the counsel for the petitioners
that the Sarpanch, Members of Gram Panchayat and the villagers have
accepted the above mentioned proposals and the case may be disposed
of in terms of the said proposal. As can be seen from the order
dated 2.7.2010, we were of the view that such proposal should be
reflected in a map showing details of the proposed items. The 2nd
respondent was, therefore, directed to prepare a map giving details
of the proposed places, including size, etc. of cow shed, drainage
facility, drinking water facility, storage and distribution,
construction of roads, health-care centers, etc. In the last
portion of the order, it was observed as follows:
It
will be desirable if representative of the second respondent sits
with Sarpanch and nominated Members of Gram Panchayat and villagers,
not more than seven in number, and give finality to such proposal.
Such proposed plan shall be prepared without prejudice to the claim
and counter claim of the parties.
In
response to the said order dated 2.7.2010, an affidavit dated 11th
August 2010 has been filed on behalf of respondent No.2, stating
inter alia, that subsequent to the order dated 2.7.2010 of the
Court, Gram Sabha of village Siracha assembled on 24.7.2010 for
considering the proposal submitted under letter dated 25.12.09. The
Gram Sabha unanimously resolved to accept the proposal to carry out
16 different works by Adani Foundation as mentioned in letter
dated 25.12.09. The Gram Sabha also agreed to extend cooperation for
carrying out such works. It is further stated that the answering
respondent will act in accordance with the settlement contained in
the letter dated 25.12.09. It is pointed out that for the
development activities, a sum of Rs.36.17 lacs is already spent and
the total estimated cost of the activities is Rs.220.95 lacs and
such activities will be carried out for the benefit of the people of
village Siracha.
Along
with the said affidavit, a copy of the minutes of the meeting of
the Gram Sabha is also attached, contents thereof read as follows:
To:
1) The
Mundra Port and Special
Economic
Zone Ltd.,
Adani
House, Mithakhali Six Road
Navrangpura
Ahmedabad
380 009.
2) Adani
Foundation
A
registered Trust,
Through
Ms.Sushmaben
Mundra
Kutch.
Today
on 24.07.2010 at 9:00 hours a meeting was held in the village under
the leadership of the Sarpanch of the village.
During
the meeting discussion was held over the issue regarding the petition
that has been filed by the villagers against the company and a
discussion was held with regard to the compromise that has been
settled with the company and on 24.7.2010, 16 issues have been
accepted by the Adani company. Adani Company as well as the villagers
have discussed over all the issues and assurance has been given that
the Adani Company will give appropriate cooperation on all 16 issues.
The above works will be completed by the company as per the stages
and the expenses pertaining to the above development work shall be
done as decided by the Siracha Village Committee and over and above
this an assurance has been given that the company will give
cooperation with regard to the other development works of the village
such as schools, business.
The
provisions that will be made to meet the estimated expenses towards
the development work of village Siracha shall be incurred after
deciding the budget as decided by the Siracha village Development
Committee.
The
Group meeting held today and the Village development committee that
has been formed today will give cooperation to the Adani company and
have given assurance that the Adani Company and the other companies
likely to be commenced in SEZ will also achieve group development
and will take the villagers in the service in the company.
Chauhan
Pravinsinh Jorubha (President)
Chauhan
Jorubha Premsangji
Jesar
Ravubha Premsangji
Chauhan
Kenji Khetubha
Marwala
Premji Jama (Vice President)
Maheshwari
Sava Kira
Marwala
Puja Raja
Bharya
Budha Vela
Sarpacha
Khetabai Budha Barya (On the basis of Post).
Siracha
Village Development Committee
Chauhan
Pravinsinh Jorubhai
President Sd/-
illegible
Chauhan
Jorbha Premsanji Sd/- illegible
Jesar
Ravubha Premsangji Sd/- illegible
Chauhan
Kenji Khetubha Sd/- illegible
Marvala
Premji Jama
Vice
President Sd/- illegible
Maheshwari
Sava Kira Sd/- illegible
Marwala
Puja Raja Sd/- illegible
Bharya
Budha Vela Sd/- illegible
Sarpancha
Khetabhai Budha
(On
the basis of Post) Sd/- illegible
As
desired by us, along with the said affidavit dated 11th
August 2010, respondent No.2 has also produced maps for the
development activities to be undertaken by and/or on behalf of the
said respondent. Such maps shall form part of this order.
It
can thus be seen that a detailed proposal was made on behalf of
respondent No.2 to the Gram Panchayat and the residents of village
Siracha for carrying out various activities for betterment of the
residents of the village. Such proposal has been unanimously
accepted. In fact, previously also before us on 2.7.2010, it was
conveyed on behalf of the petitioners that the offer of respondent
No.2 contained in the letter dated 25.12.2009 is acceptable to them.
We had, however, called for further details and required both sides
to consider the proposal and convey the result of such exercise to
us. Consequently, meeting of the Gram Sabha was held and proposal of
respondent No.2 has been accepted. We see no difficulty in disposing
of the petition in line of such settlement between the parties. We
may, however, note that in the affidavit dated 9th August
2010 filed by petitioner No.1 somewhat ambivalent stand has been
adopted. Certain counter suggestions have been made. We, however,
leave it to respondent No.2 to examine such counter proposals and
take further steps, if such suggestions are possible to be
accommodated. We do not dilate on this issue any further since even
on 26th August 2010, when the matter was before us for
further hearing, learned counsel for the petitioners raised no issue
and agreed that there has been settlement between the parties and
the petition can be disposed of in view of such settlement.
In
the result, the petition is disposed of in terms of the settlement
between the parties. Respondent No.2 is directed to carry out all
steps as assured under communication dated 25.12.09 and for which
detailed maps and calculations are provided along with affidavit
dated 11th August 2010, which maps are made part of this
order. No further directions are necessary. The petition stands
disposed of accordingly.
(S.J.Mukhopadhaya,
C.J.)
(Akil
Kureshi, J.)
(vjn)
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