Gujarat High Court
State Of Gujarat vs Hansrajbhai Laljibhai Pitroda on 3 March, 2021
Author: Biren Vaishnav
Bench: Vineet Kothari, Biren Vaishnav
C/LPA/911/2015 JUDGMENT Dt. 03.03.2021
STATE OF GUJARAT & 2 other(s) Versus HANSRAJBHAI LALJIBHAI PITRODA
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO.911 of 2015
In
R/SPECIAL CIVIL APPLICATION NO.10465 of 2007
FOR APPROVAL AND SIGNATURE:
HONOURABLE DR. JUSTICE VINEET KOTHARI
and
HONOURABLE MR. JUSTICE BIREN VAISHNAV
==============================================================
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 or any order made thereunder ?
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STATE OF GUJARAT & 2 other(s)
Versus
HANSRAJBHAI LALJIBHAI PITRODA
==============================================================
Appearance:
MR KM ANTANI, ASSISTANT GOVERNMENT PLEADER (1) for the
Appellant(s) No. 1,2,3
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C/LPA/911/2015 JUDGMENT Dt. 03.03.2021
STATE OF GUJARAT & 2 other(s) Versus HANSRAJBHAI LALJIBHAI PITRODA
MR PM BHATT(183) for the Respondent(s) No. 1
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CORAM: HONOURABLE DR. JUSTICE VINEET KOTHARI
and
HONOURABLE MR. JUSTICE BIREN VAISHNAV
Date : 03/03/2021
ORAL JUDGMENT
(PER : HONOURABLE MR. JUSTICE BIREN VAISHNAV)
1. Heard Mr. K.M. Antani, learned Government Counsel for the Appellant - State of Gujarat and Mr. P. M. Bhatt, learned Counsel for the Respondent.
2. This Letters Patent Appeal has been filed by the State challenging the Oral Judgment of the learned Single Judge dated 17.10.2014.
3. The facts in brief are as under:
* One Munshiram D. Anand, who was the Original Land Owner vide an Application dated 20.10.1955 Page 2 of 8 Downloaded on : Sat Mar 06 00:08:12 IST 2021 C/LPA/911/2015 JUDGMENT Dt. 03.03.2021 STATE OF GUJARAT & 2 other(s) Versus HANSRAJBHAI LALJIBHAI PITRODA requested the State to grant permission to change the use of land bearing Survey No.13 at Jamnagar. By an Order dated 29.9.1958 a fresh Sanad was issued by the Collector. The Original Owner sold the land in the year 1961 to a partnership firm, M/s. Swastik Automobiles by registered Sale Deed. Construction was carried out after the sale of land by the Appellants on permission being granted by the Competent Authority. On 25.3.1994, the Additional Collector issued a Show Cause Notice to the land owner and the partners for alleged breach of Condition No.4 of the Sanad of 1958. A Reply to the Show Cause Notice was filed. By an Order dated 13.4.2007, the State observed that the request for regularization of the Ownership could be considered on the Petitioner's depositing an amount of premium fixed at Rs.34,00,816/.
Page 3 of 8 Downloaded on : Sat Mar 06 00:08:12 IST 2021 C/LPA/911/2015 JUDGMENT Dt. 03.03.2021 STATE OF GUJARAT & 2 other(s) Versus HANSRAJBHAI LALJIBHAI PITRODA * The Petitioner approached this Court with a prayer that the Orders dated 13.4.2007 and 20.2.2007 be declared as arbitrary and unreasonable. A further prayer was made for a direction to the Respondent Authorities to assess the premium on the basis of market price of the land as on 17.6.1996.
4. The learned Single Judge allowed the Petition i.e. Special Civil Application No.10465 of 2007 vide Order dated 17.10.2014. The relevant paragraph Nos.7 & 8 are reproduced hereunder:
"7. As it transpires from the record, the main issue is with regard to the breach of conditions for which the suo motu powers are sought to be exercised after 34 years. Admittedly, after purchase of the land by the partnership firm, necessary applications were made for development alongwith plan and permissions have been granted and development has taken place. However, after a Page 4 of 8 Downloaded on : Sat Mar 06 00:08:12 IST 2021 C/LPA/911/2015 JUDGMENT Dt. 03.03.2021 STATE OF GUJARAT & 2 other(s) Versus HANSRAJBHAI LALJIBHAI PITRODA lapse of long time in purported exercise of suo motu powers, the notice came to be issued and the proceedings have been initiated to cancel such Sanad. It is required to be mentioned that earlier also the petition was filed being Special Civil Application No.15558 of 2005, which was disposed of by the High Court (Coram: Hon'ble Mr. Justice Akil Kureshi) vide its order dated 01.08.2005 and it has been observed that:
"In view of the fact that even as per the Collector, the final decision is to be taken by the Government, it is directed that the application of the petitioner for regularization of land in question shall be considered by the newly added respondent no.4. In facts of the present case at what rate the petitioner should be asked to pay premium should also be considered by respondent no.4 while bearing in mind the contention of the petitioner that since 1996 he had indicated his preparedness to pay premium as per the order passed by the Collector. In addition to the pending application of the Page 5 of 8 Downloaded on : Sat Mar 06 00:08:12 IST 2021 C/LPA/911/2015 JUDGMENT Dt. 03.03.2021 STATE OF GUJARAT & 2 other(s) Versus HANSRAJBHAI LALJIBHAI PITRODA petitioner, if the petitioner makes a representation within a period of two weeks from today, same shall also be taken into account by the respondent no.4 at the time of deciding the issue.........."
Thus, the aspect of exercise of powers at belated stage after 34 years, which would not be justified in light of the settle legal position of law.
8. Thus, it has also been observed that things which have been settled cannot be permitted to be unsettled after such a long lapse of time. Therefore, the very exercise of such powers at belated stage, cannot be sustained. However, as referred to in the petition as well as in the papers that even in the year 1996 the petitioner was ready and willing to pay the premium and therefore the High Court while passing the order in Special Civil Application No.15558 of 2005 has made observations referring to the same aspect. Thus, it has to be taken in proper Page 6 of 8 Downloaded on : Sat Mar 06 00:08:12 IST 2021 C/LPA/911/2015 JUDGMENT Dt. 03.03.2021 STATE OF GUJARAT & 2 other(s) Versus HANSRAJBHAI LALJIBHAI PITRODA prospective when the petitioner is ready and willing to pay make payment of the premium by depositing the amount of Rs.34,00,816/ as per the communication dated 20.02.2007. The present petition deserves to be allowed and the prayer for regularization on payment of such premium deserves to be granted."
5. It is well settled that any exercise of suo motu powers beyond reasonable period of time need not be entertained.
On the facts of the case, the learned Single Judge in our opinion rightly so did not entertain the exercise of suo motu powers at the hands of the Respondents for breach of conditions of the year 1961 by issuance of a Show Cause Notice of 25.3.1994.
6. Perusal of the Order of the learned Single Judge would indicate that the learned Single Judge has observed that when the Respondent Original Petitioner is ready and willing to pay premium by depositing an amount of Page 7 of 8 Downloaded on : Sat Mar 06 00:08:12 IST 2021 C/LPA/911/2015 JUDGMENT Dt. 03.03.2021 STATE OF GUJARAT & 2 other(s) Versus HANSRAJBHAI LALJIBHAI PITRODA Rs.34,00,816/, the Petition deserves to be allowed on payment of the premium so demanded. We do not see any infirmity in the Order impugned.
7. In accordance with the directions issued by the learned Single Judge on the Respondent depositing the amount of premium of Rs.34,00,816/ before the Collector, Jamnagar within a period of four weeks from the date of receipt of certified copy of this Order, the Respondent Collector and / or the State Government shall pass necessary Orders regarding regularization of the land in question of the Respondent.
8. With the aforesaid observations, the Letters Patent Appeal filed by State is dismissed.
[ DR. VINEET KOTHARI, J. ] [ BIREN VAISHNAV, J. ] VATSAL S. KOTECHA Page 8 of 8 Downloaded on : Sat Mar 06 00:08:12 IST 2021