JAMUBHAI KESHAVBHAI Vs. COLLECTOR
LAWS(GJH)-2014-12-208
HIGH COURT OF GUJARAT
Decided on December 22,2014

Jamubhai Keshavbhai Appellant
VERSUS
COLLECTOR Respondents


Referred Judgements :-

SHREE BALAJI NAGAR RESIDENTIAL ASSOCIATION VS. STATE OF TAMIL NADU [REFERRED TO]
BALWANT NARAYAN BHAGDE BALWANT NARAYAN BHAGDE VS. M D BHAGWAT:THE PUNJABRAO KRISHI VIDYAPEETH AKOLA [REFERRED TO]
CHINTAMAN VS. STATE OF MAHARASHTRA [REFERRED TO]
CHANDRAGAUDA RAMGONDA PATIL VS. STATE OF MAHARASHTRA [REFERRED TO]
C PADMA VS. DEPUTY SECRETARY TO THE GOVERNMENT OF T N [REFERRED TO]
STATE OF KERALA VS. M BHASKARAN PILLAI [REFERRED TO]
NORTHERN INDIAN GLASS INDUSTRIES VS. JASWANT SINGH [REFERRED TO]
GOV OF A P VS. SYED AKBAR [REFERRED TO]
HINDUSTAN PETROLEUM CORPORATION LTD VS. DARIUS SHAPUR CHENNAI [REFERRED TO]
N PADMAMMA VS. S RAMAKRISHNA REDDY [REFERRED TO]
NATIONAL THERMAL POWER POWER CORPORATION LTD VS. MAHESH DUTTA [REFERRED TO]
MOHANLAL NANABHAI CHOKSI VS. STATE OF GUJARAT [REFERRED TO]
DEV SHARAN VS. STATE OF U P [REFERRED TO]
RADHEY SHYAM VS. STATE OF U P [REFERRED TO]
BANDA DEVELOPMENT AUTHORITY VS. MOTI LAL AGARWAL [REFERRED TO]
PRAHLAD SINGH VS. UNION OF INDIA [REFERRED TO]
RAGHBIR SINGH SEHRAWAT VS. STATE OF HARYANA [REFERRED TO]
DARSHAN LAL NAGPAL DEAD BY L RS VS. GOVERNMENT OF NCT OF DELHI [REFERRED TO]
SURAT PANJRAPOLE VS. STATE OF GUJARAT [REFERRED TO]
SANMUKHBHAI BHIKHABHAI PATEL VS. STATE OF GUJARAT [REFERRED TO]
PATASI DEVI VS. STATE OF HARYANA [REFERRED TO]
V CHANDRASEKARAN VS. ADMINISTRATIVE OFFICER [REFERRED TO]
TUKARAM KANA JOSHI VS. M.I.D.C [REFERRED TO]
LAXMAN LAL (DEAD) VS. STATE OF RAJASTHAN [REFERRED TO]
MAHADEO (D) THROUGH LRS VS. STATE OF U.P [REFERRED TO]
PUNE MUNICIPAL CORPORATION VS. HARAKCHAND MISIRIMAL SOLANKI [REFERRED TO]
AHMEDABAD MUNICIPAL CORPORATION VS. AHMEDABAD GREEN BELT KHEDUT MANDAL [REFERRED TO]
UNION OF INDIA VS. SHIV RAJ [REFERRED TO]
BHARAT KUMAR VS. STATE OF HARYANA [REFERRED TO]
BIMLA DEVI VS. STATE OF HARYANA [REFERRED TO]


JUDGEMENT

S.R.BRAHMBHATT,J. - (1.)The petitioners of Special Civil Application No. 6570 of 1998 have approached this Court by way of this petition under Article 226 of the Constitution of India with the following reliefs:
(A) That a writ of Certiorari or any other writ or order may please be issued - quashing and setting aside the order dated 3.8.1998 passed by the Dist. Collector, Surat allotting petitioners land in favour of Surat Municipal Corporation for water works plant at Rander.

(B) That a writ of mandamus or such other order may please be issued directing the respondents to allot the lands belonging to the petitioners and stated in order dated 3.8.1998 to the petitioners.

(C) That the respondents be directed to make allotment of land belonging to the petitioners which are Page 2 of 50 not included in the order dated 3.8.1998 to the petitioners forthwith.

(D) That during the pendency of the hearing and final disposal of the petition herein, the respondents their agents and sub-ordinates may please be injuncted from acting upon or in any manner implementing the Collectors order dated 3.8.1998 and disturbing petitioners possession of the land.

(E) Ad-interim relief in terms of (D) above may please be granted.

(F) Such other order or orders as in the interest of justice deemed proper."

1. Thus, what is essentially challenged under the petition is the order dated 3.8.1998 passed by the Collector, Surat allotting petitioners' land in favour of Surat Municipal Corporation for water works plant at Rander.

(2.)Pending the aforesaid Special Civil Application, one of petitioners i.e. petitioner no. 11 of aforesaid Special Civil Application, has moved one Civil Application No. 12360 of 2013 for the following reliefs:
(A) Your Lordships may be pleased to admit and allow the present Civil Application;

(B) Your Lordships may be pleased to direct the respondent authorities to re-grant/return such portion of the land in question being land bearing revenue survey No. 330 situated at Mouje Rander, Taluka: Choryasi, District: Surat, which is reserved for the purpose of "Commercial for Sale".

(C) Your Lordships be pleased to declare that the purpose of "Commercial for Sale" for which the land in question is sought to be used now is not a public purposes at all and as a consequences thereof be pleased to direct the respondent authorities to ensure that such portion of the land in question being land bearing revenue survey No. 330 situated at Mouje Rander, Taluka : Choryasi, District: Surat which is reserved for the purpose of "Commercial for sale" be returned/re-granted to the present applicant on such terms and conditions that may be thought fit and proper by this Hon'ble Court.

(D) Any other and further reliefs as may be deemed fit and proper in the interest of justice may also kindly be granted."

(3.)The petitioners of Special Civil Application No. 6381 of 2006 have approached this Court under Article 226 of the Constitution of India with following reliefs:
(a) This Hon'ble Court be pleased to admit and allow this petition;

(b) This Hon'ble Court be pleased to issue a writ of mandamus and/or any other appropriate writ, order or direction in the nature of mandamus commanding the respondents herein, more particularly respondent State of Gujarat as well as the Collector, Surat to act in compliance with the order dated 28.10.1993 and to regrant the land of survey No. 357/1 admeasuring 11534 sq.mt. or in other words 11 Hectares, 15 Are and 34 Sq.mt. Of the land to the petitioner subject to such terms and conditions as are stipulated in the said order and subject to terms and conditions as may be deemed just and reasonable and directed by this Hon'ble Court;

(c) This Hon'ble Court be pleased to issue an appropriate writ, order or direction quashing and setting aside the order dated 24.3.2006 and 16.3.2006.

(d) This Hon'ble Court be pleased to issue an appropriate writ, order or direction, inter-alia, declaring the action of the respondents herein in depriving the petitioners of land bearing Survey No. 357/1 admeasuring 11534 sq.mtrs or in other words 11 Hectares, 15 Are and 34 Sq.mtrs to be illegal, improper, erroneous, violation of both of law and on facts and violation of Articles 14, 19, 21 and 300-A of the Constitution of India.

(e) This Hon'ble Court be pleased to direct the respondents to re-grant the land of survey No. 357/1 admeasuring 11534 sq.mtrs or in other words 11 Hectares, 15 Are and 34 Sq.mtrs. at the market price at the time of passing of the order dated 28.10.1993 or at the rate at which compensation has been awarded to the petitioners, whichever is higher as on the said date.

(f) Pending admission, hearing and/or final disposal of this Special Civil Application, this Hon'ble Court be pleased to restrain the respondents, their servants and agents from dispossessing the petitioners of possession of land of survey No. 357/1 admeasuring 11534 sq.mtrs or in other words 11 Hectares, 15 Are and 34 Sq.mtrs and be further pleased to restrain the respondents, their servants and agents from interfering with the carrying on agricultural operations on the land in question by the petitioners and their family members.

(g) Ex-parte ad-interim relief in terms of para (e) hereinabove be granted in favour of the petitioners and the same be confirmed after notice to the respondents.

(h) Costs of this petition be provided for to the petitioner.

(i) Such other and further reliefs as this Hon'ble Court may deem just and expedient be granted in favour of the petitioners."

Thus, what is essentially challenged in this petition is the order dated 24.3.2006 and 16.3.2006 and seeking direction in the nature of mandamus commanding the respondents authorities to act in compliance with order dated 28.10.1993 and to re-grant the land of survey No. 357/1 to the petitioners.

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