Gujarat High Court
Kasambhai Ibrahimbhai Jawrawala vs State Of Gujarat on 10 January, 2020
Author: A. S. Supehia
Bench: A.S. Supehia
C/SCA/13632/2017 JUDGMENT
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 13632 of 2017
With
R/SPECIAL CIVIL APPLICATION NO. 13633 of 2017
With
R/SPECIAL CIVIL APPLICATION NO. 13634 of 2017
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR.JUSTICE A.S. SUPEHIA Sd/-
================================================================
1 Whether Reporters of Local Papers may be allowed to
see the judgment ? NO
2 To be referred to the Reporter or not ?
NO
3 Whether their Lordships wish to see the fair copy of the
judgment ? NO
4 Whether this case involves a substantial question of law
as to the interpretation of the Constitution of India or any
NO
order made thereunder ?
================================================================
KASAMBHAI IBRAHIMBHAI JAWRAWALA & 3 other(s)
Versus
STATE OF GUJARAT & 4 other(s)
================================================================
Appearance:
MR NV GANDHI(1693) for the Petitioner(s) No. 1,2,3,4
MR DHAWAN JAYSWAL, AGP for the Respondent(s) No. 1
NOTICE SERVED BY DS(5) for the Respondent(s) No. 2,3,4,5
================================================================
CORAM: HONOURABLE MR.JUSTICE A.S. SUPEHIA
Date : 10/01/2020
COMMON ORAL JUDGMENT
1. With the consent of learned advocates of both the parties, the matters are taken up for hearing.
2. Since the issue involved in the present writ petitions is common, the same are heard and decided analogously by this common judgment. Page 1 of 4 Downloaded on : Sun Feb 16 18:11:21 IST 2020
C/SCA/13632/2017 JUDGMENT
3. Rule. Learned AGP waives service of rule for the respondent nos.1-State.
4. In the present writ petitions, the petitioners are aggrieved by the impugned orders, whereby Entry Nos.5093, 5094 and 5095 respectively, in their favour have been cancelled by the Circle Officer, Isanpur, which are subject matter of captioned petitions.
5. At the outset, learned advocate Mr.N.V.Gandhi appearing for the petitioners has submitted that the aforesaid entries were cancelled by raising two objections i.e. (1) not obtaining the permission from the competent authority to transfer the Disturbed Area Act; and (2) non production of NA permission. He has submitted that so far as the objection no.1 is concerned, the same is satisfied as the permission is obtained under the Disturbed Area Act. As regards the second objection is concerned, heavy reliance is placed on the judgment and order dated 25.11.1998 passed by the Special Secretary, Revenue Department in the various applications whereby, after examining the provisions of Benami Transactions (Prohibition) Act, 1988, by declaring that the Shah Alam Roja Trust had the power to give NA permission to the agricultural land situated at village Isanpur.
6. Learned advocate Mr.N.V.Gandhi for the petitioners has submitted that the Special Secretary, Revenue Department, ought to have Page 2 of 4 Downloaded on : Sun Feb 16 18:11:21 IST 2020 C/SCA/13632/2017 JUDGMENT considered that Isanpur was inami village governed by the Gujarat Devsthan Inams Abolition Act, 1969 from 15.11.1969 and, therefore, the provisions of Land Revenue Code are applicable to the Isanpur village only after 16.11.1969. It is submitted that pursuant to the aforesaid NA permission granted by the Trust, the respective land owners are using similarly situated lands for NA purpose. It is submitted that the judgment and order, though was pointed out to the Special Secretary, Revenue Department and the respective parties below, the same was not considered.
7. Learned advocate Mr.N.V.Gandhi for the petitioners has submitted that under the circumstances, the Deputy Collector, Ahmedabad may be directed to re-examine the issue in light of the aforesaid judgment and order.
8. Learned AGP Mr.Dhawan Jayswal has submitted that the impugned order may not be set aside on the aforesaid ground since, admittedly, as per the provisions of Land Revenue Code, necessary premium has to be paid by the petitioners in order to convert the land for non-agriculture purpose. No further submission is made.
9. I have heard the learned advocates appearing for the respective parties.
10. A perusal of the impugned order dated 11.01.2017 reveals that the Page 3 of 4 Downloaded on : Sun Feb 16 18:11:21 IST 2020 C/SCA/13632/2017 JUDGMENT same is passed in ignorance of the judgment and order dated 25.11.1998 passed by the Special Secretary, Revenue Department in the various applications filed by the similarly situated persons with regard to NA permission in the Isanpur area. It is not in dispute that the petitioners had pointed out the same to the respondent authority, but the same is not considered.
11. In this view of the matter, the impugned orders are set aside. The Deputy Collector, Ahmedabad is directed to pass appropriate orders after hearing the present petitioners in light of the judgment and order dated 25.11.1998 passed by the Special Secretary, Revenue Department in various applications in favour of the similarly situated land owners of Isanpur village by examining the facts of each case.
12. Necessary orders shall be passed within a period of six months after the petitioners are heard on this issue.
13. The present petitions are allowed. Rule is made absolute.
Registry to place a copy of this judgment in each of the connected matters.
Sd/-
(A. S. SUPEHIA, J) ABHISHEK Page 4 of 4 Downloaded on : Sun Feb 16 18:11:21 IST 2020