Gujarat High Court
Dinesh Sinh Vikram Sinh Jadeja vs State Of Gujarat & 4....Opponent(S) on 13 January, 2015
Bench: Vijay Manohar Sahai, R.P.Dholaria
C/WPPIL/325/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
WRIT PETITION (PIL) NO. 325 of 2014
[On note for speaking to minutes of order dated 05/01/2015 in
C/WPPIL/325/2014 ]
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DINESH SINH VIKRAM SINH JADEJA....Applicant(s)
Versus
STATE OF GUJARAT & 4....Opponent(s)
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Appearance:
MR IH SYED, ADVOCATE assisted by MR NARENDRA L JAIN, ADVOCATE
for the Applicant(s) No. 1
MR UTKARSH SHARMA, AGP for the Opponent(s) No. 1 - 2
MR MIHIR JOSHI, SENIOR COUNSEL assisted by MS GARGI VYAS,
ADVOCATE for M/S WADIAGHANDY & CO, ADVOCATE for the Opponent(s)
No. 3
MR BIREN A VAISHNAV, ADVOCATE for the Opponent(s) No. 4
MR DEVANG VYAS, ADVOCATE for the Opponent(s) No. 5
MR ND GOHIL, ADVOCATE for the Opponent(s) No. 5
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CORAM: HONOURABLE THE ACTING CHIEF JUSTICE MR.
VIJAY MANOHAR SAHAI
and
HONOURABLE MR.JUSTICE R.P.DHOLARIA
Date : 13/01/2015
ORAL ORDER
(PER : HONOURABLE THE ACTING CHIEF JUSTICE MR. VIJAY MANOHAR SAHAI)
1. We have heard Mr. I.H. Syed, learned advocate assisted by Mr.Narendra L.Jain, learned advocate for the petitioner and Mr.Mihir Joshi, learned Senior Counsel assisted by Ms. Gargi Vyas, learned advocate for M/s Wadia & Ghandy & Co. for respondent Page 1 of 2 WRIPT PETITION (PIL)/325/2014 14/01/2015 02:46:31 AM 1 of 9 C/WPPIL/325/2014 ORDER No.3.
2. The two Speaking to Minutes have been filed, one by the learned counsel for the petitioner and other by learned counsel for respondent No.3.
3. Having heard the learned counsel appearing for the parties, we have made corrections in our judgment dated 05.01.2015 in paragraph-7. The corrections have been made in 8 th line and 10th line of the order.
4. With the corrections made in the original judgment, both the Speaking to Minutes stand disposed of finally. It shall be open to the learned advocates for the parties to apply for a fresh corrected certified copy of the judgment, after payment of usual charges.
(V.M.SAHAI, ACJ.) (R.P.DHOLARIA,J.) Ashish Tripathi Page 2 of 2 WRIPT PETITION (PIL)/325/2014 14/01/2015 02:46:31 AM 2 of 9 C/WPPIL/325/2014 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD WRIT PETITION (PIL) NO. 325 of 2014 FOR APPROVAL AND SIGNATURE:
HONOURABLE THE ACTING CHIEF JUSTICE MR. VIJAY MANOHAR SAHAI and HONOURABLE MR.JUSTICE R.P.DHOLARIA ================================================================ 1 Whether Reporters of Local Papers may be allowed to see the judgment ?
2 To be referred to the Reporter or not ?
3 Whether their Lordships wish to see the fair copy of the judgment ?
4 Whether this case involves a substantial question of law as to the interpretation of the Constitution of India, 1950 or any order made thereunder ?
5 Whether it is to be circulated to the civil judge ?
================================================================ DINESH SINH VIKRAM SINH JADEJA....Applicant(s) Versus STATE OF GUJARAT & 4....Opponent(s) ================================================================ Appearance:
MR IH SYED, ADVOCATE ASSISTED BY MR NARENDRA L JAIN, ADVOCATE for the Applicant(s) No. 1 MR UTKARSH SHARMA, ASSISTANT GOVERNMENT PLEADER for the Opponent(s) No. 1 - 2 Page 1 of 7 WRIPT PETITION (PIL)/325/2014 14/01/2015 02:46:31 AM
3 of 9 C/WPPIL/325/2014 JUDGMENT MR MIHIR JOSHI, SENIOR COUNSEL ASSISTED BY MR TANVISH BHATT, ADVOCATE FOR M/S WADIA & GHANDY & CO, for the Opponent(s) No. 3 MR BIREN A VAISHNAV, ADVOCATE for the Opponent(s) No. 4 MR ND GOHIL, ADVOCATE for the Opponent(s) No. 5 ================================================================ CORAM: HONOURABLE THE ACTING CHIEF JUSTICE MR.
VIJAY MANOHAR SAHAI and HONOURABLE MR.JUSTICE R.P.DHOLARIA Date : 05/01/2015 ORAL JUDGMENT (PER : HONOURABLE MR.JUSTICE R.P.DHOLARIA) 1 This petition, in the nature of Public Interest Litigation, is filed by the present petitioner raising grievance against respondent No.3 company, previously known as Shri Mataji Ashapura Port (Private) Limited, that the government had allotted a huge parcel of land admeasuring 367.35 acres at the rate of Rs.1.15 per square meter for development of the port. While allotting the aforesaid land in question, the allotment was subjected to certain terms and conditions. It is alleged that the aforesaid company has committed breach of certain terms and conditions. For the said breach of the terms and conditions, the CollectorKachch at Bhuj has already initiated proceedings against the respondentcompany, which are pending for consideration before the CollectorKachchh at Bhuj, Page 2 of 7 WRIPT PETITION (PIL)/325/2014 14/01/2015 02:46:31 AM 4 of 9 C/WPPIL/325/2014 JUDGMENT and for the same grievance also, one another writ petition, in the nature of Public Interest Litigation, being W.P. (P.I.L.) No.152 of 2014 is filed.
2 Since the present petitioner has come to know that the land in question has already changed the hands by way of execution of the Memorandum of Understanding dated 07.02.2008 in favour of Sealand Warehousing Private Limited. It is alleged that the aforesaid transaction entered into between Sealand Warehousing Private Limited as well as Mr. Vasudev Ramdas Thacker and others is also alleged to have committed breach of the terms and conditions of the order of allotment dated 11.02.2002, more particularly, condition No.5 passed by the CollectorKachchh at Bhuj.
3 The allegation of the present petitioner is that whenever the aforesaid land was allotted on certain terms and condition, the original allottee has committed breach of the terms and conditions, which goes to the root of the case, and consequently, if any Environment Clearance Certificate is to be given in pursuance of public hearing which was scheduled on 12.12.2014, shall be regarded of further illegality, and it shall put into irreversible Page 3 of 7 WRIPT PETITION (PIL)/325/2014 14/01/2015 02:46:31 AM 5 of 9 C/WPPIL/325/2014 JUDGMENT situation when the land has changed to the hands of any other allottees who were not unauthorized to use the land, for the purpose for which it was granted.
4 Making the aforesaid allegation regarding breach of condition of the order of allotment dated 11.02.2002, the petitioner has prayed for the following reliefs in the present petition:
"(A) To issue a writ of Mandamus and/or any other appropriate writ, order or direction, directing the respondent authorities to not act as per the notice dated 10/11/2014 as far as the land mentioned in the order at AnnexureA until the case of breach as shown in AnnexureC is decided.
(B) Pending admission, hearing and final disposal of this petition, be pleaded to direct the respondent corporation to not hold the public hearing of the project qua the land held by the respondent company.
(C) Pending admission, hearing and final disposal of this petition, be pleaded to direct the respondent authorities and/or any other authority to investigate who has profited by hoarding the land in question and to take appropriate legal action against such individuals/entities."
5 We have heard learned advocate Shri I.H. Syed, assisted by learned advocate Mr. Narendra Jain for the petitioner, learned Assistant Government Pleader Mr. Utkarsh Sharma for respondents No.1 and 2, learned senior counsel Mr. Mihir Joshi assisted by learned advocate Mr. Tanvish Bhatt for M/s. Wadia & Ghandy for respondent No.3, learned advocate Mr. Biren Vaishnav for Page 4 of 7 WRIPT PETITION (PIL)/325/2014 14/01/2015 02:46:31 AM 6 of 9 C/WPPIL/325/2014 JUDGMENT respondent No.4 and learned advocate Mr. N.D. Gohil for respondent No.5.
6 Upon hearing learned advocates for the respective parties as well as going through the materials available on record, prima facie, it appears that the allegation made in the petition can only be decided by the CollectorKachchh at Bhuj, who had allotted the aforesaid land upon certain terms and conditions, and the allegation as regards breach of condition No.5 attached to the order of allotment, which goes to the root of the case, and consequently, therefore, we deem it proper not to enter into the merits of the case, and the allegation made for alleged breach of terms and conditions by respondent No.3, who was the original allottee, and subsequent transferee as alleged by the petitioner. As this matter has to be examined by the CollectorKachchh at Bhuj, on merits as per the provisions under Section 79A of the Gujarat Land Revenue Code, 1879, the Collector of the concerned district is the competent authority to decide as regards the allegation of breach of conditions attached to the grant of land.
7 Therefore, the CollectorKachchh at Bhuj is directed to decide the allegation made by the present petitioner regarding alleged Page 5 of 7 WRIPT PETITION (PIL)/325/2014 14/01/2015 02:46:31 AM 7 of 9 C/WPPIL/325/2014 JUDGMENT breach of condition No.5 of order of allotment dated 11.02.2002. The present petitioner is permitted to file a detailed complaint along with annexures before the CollectorKachchh at Bhuj, within a period of one week from today. The CollectorKachchh at Bhuj, after consideration of the aforesaid complaint, shall issue a show cause notice to the original allotee as well as all the transferees and shall afford a reasonable opportunity to the present petitioner as well as the original transferees to the land in question and shall decide allegation of alleged breach of condition No.5 and other terms and conditions, in accordance with law, by passing a reasoned and speaking order within a period of three months thereafter. It is made clear that if any application moved by respondent No.3 or any show cause notice issued by the Collector Kachchh at Bhuj, the same shall also be decided by the Collector Kachchh at Bhuj simultaneously.
8 Till the matter is decided by the CollectorKachchh at Bhuj, the parties shall maintain status quo.
9 With the aforesaid directions, this petition stands disposed of.
(V.M.SAHAI, ACJ.)
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C/WPPIL/325/2014 JUDGMENT
(R.P.DHOLARIA,J.)
chandresh
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