AAHIR PARBATBHAI GOVINDBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition arises out of an order passed by Dy. Secretary (Appeals), Revenue Department in Revision Application No. 38 of 1997 passed on 05.08.2000. The petitioners also challenged the order passed by Collector, Jundagadh on 09.01.1997, whereby the Collector rejected the petitioners' request for renewal of lease of the land granted to the petitioners by order dated 30.05.1965 (Annexure-C) for a period of thirty years. The said lease was initially granted to the father of the petitioners.

(2.) Learned advocate, Mr Desai for the petitioner submitted that when the lease was granted, no such condition formed a part of the lease, and now, the insistence, on part of the respondent authorities for growing a particular number of trees, is unfair and is based on a subsequent decision. Learned advocate submitted that even for the number of trees, there are no specific regulations or norms fixed by the Government and it varies from land to land, area to area and person to person. In such eventuality, the denial of renewal of lease on this ground is arbitrary.

(3.) Learned advocate, Mr. Desai has relied on decision of this Court in case of The Kulmukhatyar of Rabari Kana Rama Shri Sureshchandra Devkaran Vs. The State of Gujarat rendered on 14.11.1994 in Special Civil Application No. 8436 of 1993 and Hiruben Bijalbhai Harijan & ors. Vs. Special Secretary, Revenue Dept. (Appeals), Gujarat & ors., 2005 AIR(Guj) 316. Mr. Desai has also relied on the decision in case of Brij Lal Vs. Board of Revenue and ors., 1994 AIR(SC) 1128 and Charan Singh Vs. State of Punjab, 1997 1 SCC 151.