DHIRUBHAI DHARAMSHIBHAI DEVIPUJAK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India is filed for quashing and setting aside the Order No.MVV/JMN/BTD/5/2019 dtd. 27/12/2019 passed by the Secretary, Revenue Department, whereby the Order No.JMN/1/ VASHI/1509/2019 dtd. 23/7/2019 passed by the Collector, Botad, was affirmed.

(2.) Essentially, the issue is with regard to the valuation carried out by the revenue authorities of an agricultural land for the purpose of regularizing the occupation in favour of the petitioner. It is the say of the petitioner that the District Valuation Committee, which valued the land at Rs.22,10,530.00, is very much on a higher side and the said valuation ought to have been carried out by considering the rates which were prevailing on the date on which the petitioner was held to be in unauthorised occupation.

(3.) Learned advocate for the petitioner, after drawing the attention to the chronology of events by which the land was in the occupation of the forefathers of the petitioner, has submitted that the authorities ought to have considered the consent given by the petitioner to pay the market price of the year 1968, however such consent was treated as if the petitioner has given consent for the current market price and thereafter the authority directed the petitioner to pay the price as arrived at by the Committee.