Keshubhai Virbhanbhai Vala vs The Special Secretary (Appeals) ... on 26 April, 2022
9.2 Since the submission made by Mr. Kavina,
learned Senior Advocate that if the respondent No.5
wants the land in question for completion of their
project, in that case respondent No.5 should
negotiate with the petitioner, Mr. Kamal Trivedi,
learned Advocate General submitted that as per the
petitioner at no point of time even if he is believed
to be the holder of the land on the basis of
`santhani' throughout cannot be said to be absolute
owner of the land in question, and therefore, he
cannot negotiate the land, as the said land is vest
with the Government, and therefore, there is no
question of negotiating with the petitioner.
9.3 Mr. Kamal Trivedi, learned Advocate General
took this Court to the order dated 25.3.1969 whereby
the land was allotted to the father of the petitioner
on `santhani' basis. Learned Advocate General
submitted that allotment of land on `santhani' basis
was subject to certain conditions. The petitioner was
Page 70 of 119
Downloaded on : Tue Apr 26 21:27:49 IST 2022
C/SCA/11744/2021 CAV JUDGMENT DATED: 26/04/2022
required to pay the occupancy price within a
specified period mentioned in the order itself. In
the instant case, since the father of the petitioner
failed to comply with the aforesaid conditions the
land was shown in the name of the Government in the
revenue record. Learned Advocate General further
submitted that the land in question was not allotted
to respondent No.5 as it could not be acquired on
account of encroachment on the land by private
persons and not by considering the merit of the
matter. Learned Advocate General further relying upon
the Letter of Intent dated 25.4.2008 and submitted
that the Letter of Intent was issued in favour of
respondent No.5 as back as in the year 2008 and in
2008 as per the revenue record, the land was running
in the name of Government. It is on 13.1.2011 during
the Vibrant Gujarat, a Memorandum of Understanding
was arrived at between respondent Nos.5 and 6 and
pursuant to the aforesaid Memorandum of
Understanding, respondent No.6 requested the
authority to acquire the land for the purpose of
respondent No.5. Learned Advocate General drew
attention of the Court to the application for
Page 71 of 119
Downloaded on : Tue Apr 26 21:27:49 IST 2022
C/SCA/11744/2021 CAV JUDGMENT DATED: 26/04/2022
acquisition of land in Chhara and Sarkhadi villages
made by the Vice Chairman and Chief Executive Officer
of Gujarat Maritime Board to the Principal Secretary,
Revenue Department, Government of Gujarat vide
application dated 15/17.10.2013.