VIRENDRASINH AMARSINH ZALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE petitioner, by this petition, seeks the prayer to quash and set aside the order passed by the Deputy Collector and its confirmation thereof by the Revenue Tribunal, whereby the application of the petitioner for compensation has been dismissed. THE petitioner has also prayed to direct the respondents to initiate the proceedings to determine the compensation under the Land Acquisition Act and to pay the compensation accordingly.

(2.) HEARD Mr.Japee, learned Counsel appearing for the petitioner and Mr.Nanavati, learned AGP for the State.

(3.) IT is undisputed position that in the revenue record, based on the said agreement and thereafter, the land was provided as reserved being 'gaucher land', and the entry was also mutated. IT was shown as 'gaucher land', meaning thereby to be used for public purpose of grazing of cattle by the citizens or the public at large, who were residents of that area. Thereafter, the remaining properties continued to be held by the petitioner as jagir. In view of Jagir Abolition Act in the year 1953, known as Bombay Merged Territories and Areas (Jagirs Abolition) Act, 1953, the Jagirs were abolished and as per the said Jagir Abolition Act, the compensation was to be paid to the petitioner and has been paid and on the said aspect, there is no dispute.