Gujarat High Court
Manharbhai Chimanbhai Patel vs State Of Gujarat on 28 February, 2019
Author: A.J.Desai
Bench: A.J.Desai
C/SCA/12449/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO.12449 of 2017
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MANHARBHAI CHIMANBHAI PATEL
Versus
STATE OF GUJARAT & 2 others
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Appearance :
MS. KRUTI M SHAH for the Petitioner.
MR AMIT BAROT, Assistant Government Pleader for the Respondent Nos.1 & 2.
MR. VISHRUT R JANI for the Respondent No.3.
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CORAM : HONOURABLE MR.JUSTICE A.J.DESAI
Date : 28/02/2019
ORAL ORDER
1. By way of the present petition under Article 226 of the Constitution of India, the petitioner has prayed as under :-
"(a) admit and allow this petition.
(b) issue appropriate writ, order or direction to
the respondent No.2 to grant certificate u/s. 63AA of the Gujarat Tenancy and Agricultural Lands Act, 1948 in respect of his application made on 11.08.2011 in respect of Block No.151 (Old Survey No.49/2/1, 49/2/2p and 49/2/3p) admeasuring H-0- 58-Aare-68 Sq. Mtrs. Situated at village Asaruriya, Taluka and District Bharuch."
2. Pursuant to the notice issued by this Court, learned advocate Mr. V.R. Jani appears for respondent No.3 - Bharuch Ankleshwar Urban Development Authority (BAUDA) and filed affidavit-in-reply. Learned Assistant Government Pleader appears for respondent Nos.1 and 2. However, no affidavit-in-reply has Page 1 of 4 C/SCA/12449/2017 ORDER been filed on behalf of respondent Nos.1 and 2.
3. The case put forward by the petitioner is that the petitioner purchased the land in question by registered Sale Deed on 26.7.2011 with an intention to establish an industry. Since the land purchased by the petitioner is an agricultural land, the petitioner made an application on 11.8.2011 under Section 63AA of the Gujarat Tenancy and Agricultural Lands Act, 1947 seeking certificate / permission. The said application remained pending for some time. When the petitioner inquired about his application, he came to know that respondent No.3 - Bharuch Ankleshwar Urban Development Authority (BAUDA) has been established on 7.1.2012 for the area under which the land of the petitioner is covered. The petitioner also came to know that the District Collector, Bharuch by communication dated 11.1.2017 sought for an opinion from the Deputy Secretary, Revenue Department, Sachivalaya, Gandhinagar in the changed circumstances. Though request has been made by the District Collector, Bharuch to advise him for considering the application of the petitioner, there is no response from the Deputy Secretary, Revenue Department, Sachivalaya, Gandhinagar. Hence this petition.
4. Ms. Kruti M. Shah, learned advocate appearing for the petitioner would submit that from the beginning, the intention of the petitioner was to establish an industry upon the land in question and, therefore, immediately after purchasing the land, an application was made under Section 63AA of the Gujarat Tenancy and Agricultural Lands Act, 1947 seeking certificate / permission. The said application remained pending for some time. The petitioner also made several representations. Ultimately, the petitioner came to know that the District Collector, Bharuch by Page 2 of 4 C/SCA/12449/2017 ORDER communication dated 11.1.2017 sought for an opinion from the Deputy Secretary, Revenue Department, Sachivalaya, Gandhinagar in the changed circumstances. Though such request has been made way back on 11.1.2017, no response is received. She has further submitted that under Section 28 of the Gujarat Town Planning and Urban Development Act, 1976, the case of the petitioner can be considered. She has, therefore, submitted that appropriate order may be passed.
5. On the other hand, Mr. Amit Barot, learned Assistant Government Pleader appearing for respondent Nos.1 and 2 has opposed this petition.
6. Mr. Vishrut R. Jani, learned advocate appearing for the respondent No.3 - BAUDA would submit that the land in question is now made part of Gamtal and falls within the residential zone and, therefore, it would be hazardous to grant such permission for development of an industry in the residential zone. He, therefore, would submit that the petition be dismissed.
7. I have heard learned advocates appearing for the respective parties. It is an undisputed fact that application was made by the petitioner on 11.8.2011 under Section 63AA of the Gujarat Tenancy and Agricultural Lands Act, 1947 seeking certificate / permission. In the meanwhile, respondent No.3 Authority has been established and ultimately, the Collector, Bharuch by communication dated 11.1.2017 sought for an opinion from the Deputy Secretary, Revenue Department, Sachivalaya, Gandhinagar in the changed circumstances. However, there is no response. Therefore, I am of the opinion that following order would meet the ends of justice :-
Page 3 of 4 C/SCA/12449/2017 ORDER"The Deputy Secretary, Revenue Department, Sachivalaya, Gandhinagar is hereby directed to deal with the communication dated 11.1.2017 issued by District Collector, Bharuch with regard to the application submitted by the petitioner and shall deal with the same considering the provisions of Section 28 of the Gujarat Town Planning and Urban Development Act, 1976. Such exercise shall be undertaken as expeditiously as possible, preferably within a period of two months from the date of receipt of this order."
8. With the above direction, the present petition stands disposed of. Direct service is permitted.
(A.J.DESAI, J) SAVARIYA Page 4 of 4