Gujarat High Court
Saraswati vs C.L.Mina on 9 March, 2012
Author: Akil Kureshi
Bench: Akil Kureshi
Gujarat High Court Case Information System
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MCA/385/2012 6/ 6 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION - FOR CONTEMPT No. 385 of 2012
In
SPECIAL
CIVIL APPLICATION No. 5190 of 2010
=========================================
SARASWATI
EDUCATION TRUST THROUGH MANAGING TRUSTEE
Versus
C.L.MINA
& 1
=========================================
Appearance :
MR
ANSHIN H DESAI for Applicant(s) : 1,
MS. MOKSHA THAKKAR, AGP for
Opponent(s) : 1 - 2.
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
and
HONOURABLE
MR.JUSTICE C.L. SONI
Date
: 09/03/2012
ORAL
ORDER
(Per : HONOURABLE MR.JUSTICE AKIL KURESHI) The Applicant / Original Petitioner complains of non-implementation of the interim order dated 6.9.2010 passed by the learned Single Judge of this Court in Special Civil Application No. 5190 of 2010.
The issue pertains to grant of government land to the Applicant - Trust, which is running a school. The Applicant had previously approached this Court by filing Special Civil Application No. 11136 of 2009. Such a petition came to be disposed of by order dated 13.1.2010. The question of grant of land to the Applicant / Petitioner was remanded to the Collector, Porbandar. The learned Single Judge in the said order provided as under:
"9. In view of the above and for the reasons stated hereinabove, the present Special Civil Application succeeds in part. The impugned order/communication dated 29/09/2009 (Annexure - B to the petition) is hereby quashed and set aside and the matter is remanded to the Collector, Porbandar for determining the market value of the land in question afresh in accordance with law on its own merits after giving an opportunity to the petitioner. As agreed and as stated hereinabove, the petitioner shall remain present before the Collector, Porbandar on 08/02/2010 at the first instance and if it is not convenient to the Collector, Porbandar on that day, the petitioner shall be heard by the Collector, Porbandar and thereafter the Collector, Porbandar shall pass an appropriate order in accordance with law on its own merits. If for some reason it is not convenient to the Collector, Porbandar to hear the representative of the petitioner/trustee on that day, a convenient suitable day may be given by him. However, the entire aforesaid exercise to be completed within a period of two months today."
Pursuant to the said order of the learned Single Judge, the Collector, Porbandar passed an order dated 2/4.3.2010. He fixed the market price of the land in question at Rs.305/- per sq. meter.
The case of the Petitioner was that the land should have been valued at Rs.160/- per sq. meter, and the Collector therefore, committed an error. The Petitioner, therefore, challenged the said order dated 2/4.3.2010 to the limited extent of evaluating the land @ Rs.305/- per sq. meter. Such Petition being Special Civil Application No. 5190 of 2010 came up for hearing before the learned Single Judge of this Court on 6.9.2010, when the following order was passed:
"RULE.
The order passed by the Collector, Dist: Porbandar dated 04/03/2010 (Annexure - A) is stayed only qua the price valued at Rs.305/- per sq. mtrs of the land in question. However, the petitioner will pay the price of Rs.160/- per sq. mtrs., of the disputed land in question with an undertaking to be filed before the Collector that at the outcome of this petition if the petitioner fails, the petitioner will pay the difference amount of Rs.145/- per sq. mtrs., within a period of three months from the date of the decision.
With the above observations, the petitioner is permitted to take possession of the disputed land in question and to this effect the Collector will pass the appropriate orders within a period of two weeks from the date of the receipt of the writ of this Court.
Direct Service permitted."
The Applicant complains of non-implementation of the directions contained in the said order dated 6.9.2010.
The case of the Applicant is and with respect to which there is no dispute that the Applicant, pursuant to the said order dated 6.9.2010, approached the authorities showing its willingness to deposit the amount for the land in question at Rs.160/- per sq. meter and also to abide by other conditions of the interim order, if the Petition was decided against it. Despite this, the authorities did not comply with the directions of the learned Single Judge.
In response to the Notice issued by us, the Respondents have appeared. One Shri Girish A. Shah, Collector, Porbandar has filed an affidavit dated 7.3.2012. It is principally stated that, against the order of the learned Single Judge dated 6.9.2010, Letters Patent Appeal is already preferred by the Government.
Learned AGP Ms. Moksha Thakkar for the Respondents stated that the LPA of the State was filed beyond limitation. In the Civil Application seeking condonation of delay, Division Bench has already issued "Rule". The returnable date however is fixed in April, 2012.
We are of the opinion that the order passed by the learned Single Judge dated 6.9.2010 is not implemented by the State authorities. More than 1 ½ year has passed, and so far, without any stay from the higher court, the Respondents have not complied with the directions. Learned Single Judge had granted 2 weeks to comply with the order. The authorities cannot sit tight over the said order and refuse to comply with the directions in absence of any stay against such an order.
Additionally, we also notice that the Collector had already passed order fixing market price of Rs.305/- per sq. meter.
The learned Single Judge while keeping the Petition pending, provided that the Petitioner shall deposit the sum calculated @ Rs.160/- per sq. meter for the land in question and will undertake to pay the difference (@ Rs.145/- per sq. meter), if the Petition is ultimately dismissed.
We do no see any reason to linger implementation of such an order any longer. Having already taken more than 1 ½ year, the direction should be complied with without any further delay.
S.O. to 23.3.2012, by which time, the direction of the learned Single Judge, contained in the order dated 6.9.2010, shall be fully complied with, failing which the Collector, Porbandar shall remain personally present before the Court. For the above purpose, the Applicant shall deposit before the Collector, Porbandar full amount for the land in question calculated at Rs.160/- per sq. meter with simple interest @ 9% pa from 16.9.2010 till actual deposit. The Collector shall however proceed to take steps in furtherance of interim order of the learned Single Judge, even if there is a minor dispute about the exact amount to be deposited by the Applicant. Such implementation of the directions would be subject to the outcome of the LPA.
A copy of this order be made available to the learned AGP.
(Akil Kureshi,J) (C.L.Soni,J) Jayanti* Top