UDAYKUMAR H DAVE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) .A practising Advocate of Rajkot who is a follower of Ramgufa Sadavrat has approached this Court by filing this Public Interest Litigation. The petitioner has stated that the case pertains to three parcels of land situated near Alang in Talaja Taluka of District Bhavnagar. It appears that due to development of Alang the land in the surrounding areas has become very valuable and in relation to three plots of land approximately Rs. 1 crore and odd have been awarded by Land Acquisition Officer as compensation while the claim is for larger amount. Reference under Sec. 31 of the Land Acquisition Act is pending before the District Court, Bhavnagar being Land Reference No. 20 of 1998 and by order dated 20-10-1999 this Court (Coram : C. K. Thakker, Actg.C.J. and K. M. Mehta, J.), has directed that the amount shall not be withdrawn by respondent Nos. 7 to 18.

(2.) . The petitioner has made a prayer to the effect that :

(3.) . In the erstwhile State of Bhavnagar certain land situated in village Bharapara admeasuring 209 vighas and village Mathavada admeasuring 660.75 vighas were granted to Ramgufa Ramji Mandir Sadavrat and were recognised as such by the then State of Bhavnagar. One Bava Ishwarlal Hanumandas was Manager/Administrator of the said properties. As per the Hajur Order No. 1481 of 30-6-1902 read with Hajur Order No. 56 dated 22-7-1903, the said land was assessed at one anna being Devsthan land. It further appears from the record that this assessment was originally levied at the rate of one anna since S.Y. 1989 and the aforesaid Hajur orders merely recognised this. From the copies of the orders of assessment which have been produced at Annexure "B" to the petition, it is seen that while determining the assessment at the rate of one anna, Hajur order also provided that to ensure proper use and disbursement of the proceeds from the said lands the Ajam Vahivatdar and Thanedar were directed to look after the proper administration and management of the said properties. The said two officials as described in the then State of Bhavnagar were holding ranks equivalent to the present day District Collector and District Superintendent of Police. That the properties in question were charitable and/or religious properties is also supported by the accounts for S.Y. 1994 and 1997 produced along with the petition.