ALABHAI RAJDE BATIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THESE petitions arise in similar factual background. They were therefore heard together and being disposed of by this common judgement.

(2.) SPECIAL Civil Application No.5386/2008 has been filed by residents of village Zarpara, Taluka Mundra, District Kutch. In this petition filed in the nature of PIL, petitioners have prayed for quashing and setting aside orders passed by respondent No.1 and 2 i.e. the State and the Collector of the District Kutch, by virtue of which certain lands allotted to Village Panchayat for the purpose of Gauchar(grazing) came to be resumed by the Sate and ultimately came to be allotted to respondent no.3 for creation of Mundra SPECIAL Economic Zone (Mundra SEZ for short).

(3.) IN Special Civil Application No.7254/2008 also same decisions and actions of the State Authorities are under challenge. This petition is also filed by the residents of village Zarpara in the nature of Public INterest Litigation. They claim that the petition is filed for and on behalf of the people of village Zarpara. From the record of the petitions, we may trace important events leading to this litigation : IN December 2003, respondent no.3 made an application to the Collector Bhuj for allotment of land of village Zarpara for setting up of Special Economic Zone. On 14.3.2007, Zarpara Village Panchayat adopted a unanimous resolution recording that respondent no.3 had demanded 1000 acres of land from out of survey no.689 for the purpose of setting up of Special Economic Zone and that the Panchayat agrees to allot such Gauchar land to the company. On 12.9.2007, a resolution was passed by the Revenue Department to allot 402 hectares 24 Are and 2 sq. mtrs.(approx. 1000 acres) of village Zarpara to respondent no.3 on certain terms and conditions. On 5.10.2007, the Collector, Bhuj directed respondent no.3 to deposit a sum of Rs.4,42,46,422/- at the rate of Rs.11/- per sq. mtr. for the land to be alloted and also directed to deposit further sums of Rs.1,32,73,927/- towards premium for the land at the rate of 30% and conversion tax of Rs.2,41,34,412/- at the rate of Rs.6/- per sq. mtr. On 16.11.2007, the Collector, Kutch resumed said extent of land i.e. 402 hectares 24 Are and 2 sq. mtrs. under Section 108(4) of the Gujarat Panchayat Act. On 19.11.2007, the Collector, Bhuj alloted said land in favour of respondent no.3. On the basis of above facts and events, counsel for the parties have made detailed submissions before us.