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SCA/2511220/2007 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 25112 of 2007
With
SPECIAL
CIVIL APPLICATION No. 25113 of 2007
=========================================================
REVABEN
WD/O BHIKHUBHAI AMBUBHAI PATEL - Petitioner(s)
Versus
THE
STATE OF GUJARAT & 2 - Respondent(s)
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Appearance :
MR
BM MANGUKIYA for Petitioner(s) : 1, 1.2.1, 1.2.2, 1.2.3, 1.2.4,1.2.5
GOVERNMENT PLEADER for Respondent(s) : 1,
DS AFF.NOT FILED (N)
for Respondent(s) : 1 -
3.
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CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 25/08/2008
ORAL
ORDER
The
petitioners have approached this Court for a direction to the State
Government and its authorities to take a final decision on the
applications of the petitioners for fixing necessary charges
including the premium to be paid by the petitioners for converting
the lands from new tenure to old tenure lands.
In
response to notice issued by this Court, affidavits have been filed
on behalf of the authorities stating inter-alia that no final
decision on the amount of premium to be paid by the petitioners has
been taken. It is also stated that the petitioners did not indicate
their willingness to pay the premium and therefore, final exercise
of fixing the premium was not undertaken.
2.1 It
appears that the case of the petitioners was not placed before the
State Level Valuation Committee only on the ground that the
Mamlatdar reported to the Government that the petitioners had
earlier shown unwillingness to pay the premium at the market price.
Learned
AGP Shri Chhaya relied on communication dated 13th
October, 2005 (roduced along with reply of the Government) from the
Government to the Collector, Surat wherein besides other details,
the Collector was asked to obtain consent of the petitioners to pay
the premium that may be fixed.
Learned
advocate, Shri Mangukiya, for the petitioners, however, clarified
that the petitioners have always been ready and willing to pay the
premium as per the market rates, however, assement and
quantification is always open to challenge by the petitioners and
the petitioners cannot be asked to forego their legal rights.
The
communication of the Mamlatdar to the State Government noted herein
above is to be viewed in the background of the facts of the present
case. When the petitioners have made application for change of
tenure of the land, it is obvious that they would be prepared to pay
premium that may be fixed by the authorities. This is further
clarified in view of the statement made on behalf of the petitioners
by the learned counsel. However, the petitioners have legal right to
question the quantification that may be adopted by the authorities.
Under
the circumstances, the respondents are directed to assess the
premium that the petitioners would be require to pay for change of
lands from new tenure to old tenure as per the Government policy
bearing in mind the observations this Court had made in earlier
round of litigation and convey the decision finally taken in this
regard to the petitioners expeditiously and preferably within a
period of three months from the date of receipt of a copy of this
order.
With these
directions, these petitions are disposed of. Direct service is
permitted.
(AKIL
KURESHI, J.)
ashish//
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