HASMUKHLAL CHANDULAL PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Shri M.R. Mengdey, learned Assistant Government Pleader waives service of notice of Rule on behalf of respondent No.1. In the facts and circumstances of the case and with consent of learned advocates appearing for respective parties, present petition is taken up for final hearing today.

(2.) By way of this petition under Articles 226 and 227 of the Constitution of India, petitioner has prayed for appropriate writ, direction or order quashing and setting the impugned order dated 11.02.2009 passed by the Secretary (Appeals), Revenue Department, State of Gujarat in Revision Application No.48/2007 as well as the order passed by the Collector, Surendranagar dated 17.07.2007 in forfeiting the land to the State Government which has been allotted to the petitioner on the ground that petitioner has not paid the occupancy price as determined by the District Valuation Committee.

(3.) The facts leading to the present petition in nut-shell are as under: That the petitioner applied tot he Collector, Surendranagar for allotment of the land in question for industrial purpose and the said application of the petitioner was processed and considered by the District Collector, Surendranagar and by communication dated 28.01.2003, petitioner was informed that the Town Planner, Surendranagar has determined the market price at Rs.60 per sq. meter and therefore, the market price of the land in question comes to Rs.2,28,540 and the petitioner was directed to pay the same within a period of 21 days. It appears that pursuant to the same, petitioner deposited the said amount on 06.03.2003 and 15.07.2003 and thereafter the final allotment order came to be passed by the Collector, Surendranagar on 03.08.2003 with usual printed conditions that petitioner is required to pay the difference amount of market price that may be determined by the District Valuation Committee within a period of 15 days (condition No.19). That thereafter the order dated 03.08.2003 was further amended vide communication dated 02.10.2003 only with respect to the non-agricultural assessment. That thereafter, after a period of four years of the allotment, by communication dated 2/6.5.2007, petitioner was served with a show-cause notice by Collector, Surendranagar that the market price prevailing at the time of allotment is Rs.150 per sq. meter and therefore, the petitioner is liable to pay the balance sum of Rs.3,42,810/- and the petitioner was communicated that as per condition No.19 of the order dated 03.08.2003, petitioner was required to pay balance amount within 15 days and as petitioner has not paid the same despite the demand, there is a prima-facie breach of condition No.19 and therefore, petitioner was called upon to show cause why the land in question shall not be forfeited to the State Government. That petitioner responded to the same by submitting that as such petitioner has already paid the sale consideration considering the market price determined by the Town Planner, Surendranagar at the relevant time i.e. at the rate of Rs.60 per sq. meter and therefore, there cannot be such a rise within eight months i.e. between 12.11.2002 and 03.08.2003, increasing price from Rs.60 to Rs.150 per sq. meter, therefore, the determination of the market price at the rate of Rs.150 per sq. meter as on 03.08.2003, was seriously disputed by the petitioner. That thereafter the Collector, Surendranagar passed the order dated 17.07.2007 in Breach of Condition Case No.26/06-07 by holding that there is a breach of condition No.19 of the order dated 03.08.2003 by not depositing the balance sale consideration within a period of 15 days i.e. Rs.3,42,810/-. Being aggrieved and dissatisfied with the order dated 17.07.2007 passed by the Collector in Breach of Condition Case No.26/06-07, petitioner preferred Revision Application before the Secretary (Appeals), Revenue Department, State of Gujarat, which was numbered as Revision Application No.48/2007 and the Secretary (Appeals), Revenue Department, State of Gujarat by impugned order dated 11.02.2009 has dismissed the said Revision Application confirming the order passed by the Collector, Surendranagar dated 17.07.2007. Being aggrieved and dissatisfied with the aforesaid two orders in forfeiting the land to the State Government on the ground that there is a breach of condition No.19 of the order of allotment dated 03.08.2003, petitioner has preferred the present Special Civil Application under Articles 226 and 227 of the Constitution of India.