JAYANTIBHAI NARANBHAI AMIN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr.M.R.Shah, learned advocate appearing on behalf of the petitioners and the learned AGPs Mr.S.P.Sen and Ms.D.S.Pandit, appearing on behalf of the respondents in respective petition.

(2.) So far Special Civil Application No.3273 / 2001 is concerned, RULE has been issued by this Court and granted interim relief by order dated 3rd May, 2001 and the said interim relief is further directed to be continued till further order vide order dated 3rd July, 2001. In Special Civil Application No.8193 / 2001, this Court has issued notice on 21st Sept., 2001 made it returnable on 3rd October, 2001. Therefore, RULE in SCA No.8193 / 2001. Mr.S.P.Sen, learned AGP waives service of rule on behalf of the respondents. Since the issues and question of law involved arise in these two petitions are common, both these are heard together and are being disposed of by this common judgment.

(3.) The brief facts of Special Civil Application No.3273 / 2001 are that as per the case of the petitioners, they are in possession and occupation of the encroached land of Survey No.628 / 1 paiki since last more than 20 years. On 30-1-1989 the petitioner No.1 made application for regularisation, which was rejected by the Deputy Collector, Viramgam Prant. Thereafter, the petitioner No.1 again moved application on 14-4-1991 requesting to sell the land in question to him on payment of market price. However, in the mean time because of apprehension of removal of the petitioner from the land in question, he filed civil suit. On 6-6-1994 the Collector informed the petitioner No.1 that as the civil suit is pending, the application of the petitioner No.1 cannot be considered and the same is filed accordingly. Thereafter, 18th January, 1992 the petitioner No.2 again moved application and in response, similar reply was given by the Collector. Thereafter, on 25-5-1992 the petitioners also moved such application for reconsideration but the same have been rejected by the Collector on 4-11-1994 and similarly, the petitioner No.3 & 4 have also filed similar application. According to the petitioners, the respondents had not decided any such application for regularisation. The petitioners preferred Special Civil Application No.6817 / 1998 before this Court and this Court has while dealing with said petition, has issued certain directions to decide the application and thereafter the petitioners had withdrawn said petition. Pursuant to the aforesaid orders of this Court, the respondent No.1 has passed order to regularise the land in question in favour of the respective petitioners on payment of Rs.2100.00 per sq.mtrs and directed to pay two and half times more amount which comes to Rs.2,39,530/or the market price to be fixed by the District Land Price Committee prevailing at the time when the order was passed i.e. market price prevailing at the time of Spet, 2000. The petitioner has moved application for reconsideration the price only contending interalia that the market price which is considered is prevailing at the time of passing of the order dated Sept., 2000 and not prevailing at the time when the applications were moved in the years 1989, 1992 and 1994. However, the petitioners have also pointed out certain instances but the State Government has not considered the request for reducing the market price and fixing it as prevailing at the time when the applications were moved in the years 1989, 1992 and 1994 instead of at the time of passing of the order i.e. Sept., 2000. Therefore, the order passed by the Collector dated Sept., 2000 fixing the market price which is at Annexure-F pg.23 is challenged to the extent of fixing the market price prevailing at the date of passing the order and the petitioners have not challenged the order granting regularisation in respect of the land in question in favour of the petitioners.