PARSOTTAMBHAI GOVINDBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India is filed by the petitioner for following reliefs:-

(2.) Learned advocate appearing for the petitioner submits that the petitioner seeks to approach this Court being aggrieved by the order dtd. 5/9/2017 passed by the Special Secretary, Revenue Department, Ahmedabad in the Revision Application No.6 of 2015 by virtue of which the Special Secretary, Revenue Department, Ahmedabad has been pleased to confirm the order dtd. 30/10/2014 passed by the Collector, Amreli in which the Collector, Amreli had passed the order of dismissing the application of the petitioner herein stating that the application of the petitioner cannot be considered as there is no breach of conditions and no irregularities in acquisition and transfer of the land to the Respondent No. 6, who presently is the owner and occupant of the land in question bearing Survey No. 65 admeasuring 9 acre 5 Gunthas, Survey No. 65 paiki admeasuring 5 acres 35 Gunthas, Survey No. 1165 admeasuring 5 acres 26 Gunthas and Survey No. 1167/1 admeasuring 1 acres 07 Gunthas, Mouje and Taluka: Amreli. It is submitted that land bearing Survey No. 1165 and 1167/1 along with the Survey No. 65 and 65 paiki have been entered into the Government Padtar by order of the Mamlatdar by order No.Land/506 dtd. 25/6/1956 as it was given to the construction department. The said fact is reflected by the mutation Entry No. 1715 dtd. 7/6/1965. Furthemore, the petitioner made a RTI Application dtd. 3/2/2020 to the Mamlatdar, Amreli with respect to the procurement of the revenue record of the said mutation entry however, by way of the reply dtd. 27/3/2020, the City Talati informed that no such revenue record has been found. It is submitted that the petitioner herein made a RTI Application dtd. 22/6/2010 to the Collector, Amreli, praying that the Survey No. 1165 and Survey no. 1167/1 has been acquired for different purposes therefore, asking for what respective purpose the said acquisition was carried out and in which year it was acquired and under which order. In addition, the petitioner prayed for serving a copy of the order by way of which the said land was transferred in the revenue records. Thereafter, the deputy collector provided evasive and unsatisfactory reply dtd. 7/10/2010 to the said RTI Applications.

(3.) Learned Assistant Government Pleader appearing for the State submitted that it is not true that the agriculture lands of Survey Nos. 1165 ad-measuring 5 Acres 26 Gunthas and survey No. 1167 admeasuring 1 Acre 07 Gunthas were of the independent /free hold ownership and occupancy of Govind Patel-father of the Petitioner. In the year 1961, as the petitioner's father, Govind Jivaraj have accepted the consideration amount as per the market price of that time from the Trust and have executed registered Sale Deed on 17/4/1961 in favor of Trust and hence the petitioner or any of his heirs has no right, share or interest in the claimed land. As the Trust wanted to build educational complex on the disputed land and other adjacent lands, so it was decided to purchase these lands from the petitioner's father. As the disputed land is an agricultural land and respondent No.5 is not an Agriculturist (Farmer) account holder, so they could not purchase the agricultural land. So the Collector has granted permission to respondent No.5 to purchase the disputed land with subject to certain conditions on 4/1/1961. There is nothing to say about the condition which is written for that purpose. But this land itself was sold by registered sale document in the year 1961 as per the market price of that time by paying the consideration amount according to the measures of the govt. and after obtaining permission from the Government. It is submitted that Years ago, among the first colleges in Amreli district were Prataparai Arts College, Kamani Science College and K. K. Parekh Commerce College. The big buildings of these colleges were built before many years after obtaining all the permissions and by following the conditions. There is a college, a library, an engineering college located over there. Hence, a big educational complex is functioning and various educational activities are conducted at this place. All these constructions are done by following the entire procedures and by strictly following the conditions. There are huge educational complexes in which many Colleges, Schools, Engineering Colleges, Women's Arts Colleges etc. are situated in it and thousands of students are studying there. Also there are huge hostels too. A large playground is also built and many games are been played over there. Hence, full land is been utilized even today. All these lands are consolidated/ merged and there are various schools, colleges etc. in all these complexes.