MINAXI RAMESHBHAI BHASIN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this petition, inter alia, under Article 226 of the Constitution of India, the petitioner has prayed for quashing and setting aside the order dtd. 27/11/2015 passed by the respondent no.2 i.e. the Collector (hereinafter referred to as "the Collector") directing the respondent no.3 i.e. the Mamlatdar, to take over the possession of the land free from all encumbrances.

(2.) Tersely stated are the facts:

(3.) Mr Mihir Thakor, learned senior counsel assisted by Ms Archana Acharya, learned advocate for the petitioner, submitted that an application was made by the father of the petitioner for allotment of the land which, initially was 55 acres and subsequently, came to be reduced to 16 acres of land in question for reclamation. It is submitted that various terms and conditions were incorporated. Relevant for the present purpose would be condition nos.1, 2 and 3. Condition 1, provides that no rent will be charged for first 10 years; condition 2 provides that rent at Rs.7.25 paisa per hector shall be levied for the first 30 years on the whole area leased, whether reclaimed or not; condition 3 provides that after expiry of 30 years, the lease shall be continued; in case of reclaimed lands at the rate at which they would be assessed for land revenue from time to time, subject to survey settlement and in the case of un-reclaimed land, if any, at the average rate of reclaimed lands. It is further submitted that condition 6, provides for conversion of land to non-agricultural, meaning thereby conversion is feasible, followed by condition 7 which provides for Kabulat in Form G-2 of the Rules of 1972.