PANCHMAHAL SHIKSHAN PRACHARAK MANDAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Mr.B.M. Mangukiya, learned advocate for the petitioners, submitted that the land was acquired for the purpose of establishing the college in the year 1962 and as a result whereof, award dtd. 30/4/1962 was passed by the Land Acquisition Officer apropos which, the petitioners have deposited an amount of Rs.1,20,000.00 / Rs.1,05,679.68 with the Government Treasury towards the compensation of the land. It is submitted that subsequently, entry no.314 dtd. 4/10/1962 was also posted in the revenue record and since then, the petitioners have been in possession and ownership of the land in question. It is submitted that without giving any opportunity of hearing to the petitioners and only on the basis of the report of the mamlatdar, the Deputy Collector has passed the order dtd. 11/2/2022 directing the land to be vested in the State Government for the breach of condition. It is submitted that no hearing was afforded to the petitioners and the order has been passed ex-parte and behind the back of the petitioners. It is submitted that on the very same day, kaccha entry no.11751 has also been posted in the revenue record.

(2.) It is submitted that undue haste has been shown by the Deputy Collector in initiating the proceedings for breach of the condition; however, it is not clarified that the breach has been committed of which order, more particularly, when the land was acquired under the provisions of the Land Acquisition Act .

(3.) On the other hand, Ms.Asmita Patel, learned Assistant Government Pleader submitted that the land was given for the specific purpose of establishing the college; however, disregarding the said condition, the land has been transferred in favour of the third party without any prior permission and therefore, the proceeding for breach of condition has been initiated. It is submitted that considering the conduct of the petitioners, the order dtd. 11/2/2022 has been passed on the basis of the report of the Mamlatdar. It is submitted that so far as the transfer in favour of Lakulish International Fellowship Enlightenment Mission is concerned, the entry was mutated; however, the same was not certified. Being aggrieved, the said Mission has preferred appeal before the Deputy Collector, who rejected the same and the appeal is pending before the Collector. It is urged that let the petitioners approach the Collector and the matter be heard with the proceedings initiated pursuant to the entry No.10064. It is submitted that another proceeding for breach of condition is also pending before the Collector.