Gujarat High Court
Indiraben Mansukhlal Doshi W/O ... vs State Of Gujarat & 2 on 21 June, 2017
Author: J.B.Pardiwala
Bench: J.B.Pardiwala
C/SCA/11333/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 11333 of 2017
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INDIRABEN MANSUKHLAL DOSHI W/O MANSUKHLAL KRIPARAM
DOSHI....Petitioner(s)
Versus
STATE OF GUJARAT & 2....Respondent(s)
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Appearance:
VENU H NANAVATY, ADVOCATE for the Petitioner(s) No. 1
MR. UTKARSH SHARMA AGP for the Respondent(s) No. 1 - 2
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CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 21/06/2017
ORAL ORDER
[1] It is the case of the petitioner herein that her husband namely Mansukhlal Kriparam Doshi was granted land on lease by the State Government vide order dated 10.08.1964 for a period of 30 years. The land in question is forming part of the Survey No. 18, paiki, admeasuring 20 acre, situated at Mouje- Handfodi, Taluka- Upleta, District- Rajkot. Over a period of time, the petitioner has grown & nurtured mangoes and Chickoos. The lease period came to an end in the year 1994. For some reason or the other, the petitioner was unable to get the lease renewed. On 30th October, 2006, the Deputy Collector passed an order, as the validity period of the lease has expired, the petitioner was not entitled to remain in occupation or possession on the land. In other words, no Page 1 of 3 HC-NIC Page 1 of 3 Created On Sat Aug 19 23:53:14 IST 2017 C/SCA/11333/2017 ORDER application for renewal was filed. The possession of the petitioner could be termed as unauthorised. The petitioner being dissatisfied with such order passed by the Dy. Collector preferred an appeal before the Collector, Rajkot. The Collector, by his order, renewed the lease period for a period of 15 years from 1994. While renewing the lease for a further period of 15 years, the Collector recorded there are 1409 fruit bearing trees on the land in question. In such circumstances the lease came to be renewed up to 2009. Since the order was of the year 2010, the petitioner requested the Collector to renew the lease and further such request came to be declined relying on the Government resolution dated 26th April, 2010 which is at page 101 at Annexure-V to this petition. It seems that the policy decision has been taken by the State Government vide its resolution referred to above that no land shall be allotted to any individual for the purpose of showing fruit bearing trees within a radius of 20 Kms from the revenue limits of the Corporation and 10 Kms of those Nagarpalika and Municipal area.
[2] Prima facie, Mr. Desai, the learned advocate appearing for the petitioner is right in his submissions. This resolution could not have been taken into consideration by the Collector in declining the further renewal, more particularly, in view of condition No.5 of the said resolution. As on date, there are 975 fruit bearing trees. The facts on record reveal that the trees are quite well nurtured. A Page 2 of 3 HC-NIC Page 2 of 3 Created On Sat Aug 19 23:53:14 IST 2017 C/SCA/11333/2017 ORDER lot of efforts seem to be put in by the petitioner in developing the trees. The matter requires consideration.
[3] Let Rule be issued to the respondents, returnable on 01/09/2017. Mr. Utkarsh Sharma, the learned Assistant Government Pleader waives service of notice of rule for and on behalf of the respondent no.1 - State of Gujarat. Direct service for respondent Nos. 2 and 3.
[4] Let there be an ad-interim order in terms of paragraph 11(E) &(F).
(J.B.PARDIWALA, J.) M KUMAR Page 3 of 3 HC-NIC Page 3 of 3 Created On Sat Aug 19 23:53:14 IST 2017