ASHWINKUMAR VIRJIBHAI KASUNDRA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Mr Vijay H. Patel, learned advocate, submitted that the Collector, after obtaining necessary opinions from the Office of the Mamlatdar and ALT so also the Office of the District Inspector Land Records (DILR) and as per the Resolutions issued by the State Government, granted non-agricultural use permission (hereinafter referred to as "NA permission") dtd. 5/7/2021 with respect to land bearing survey no.801 admeasuring 6200 sq. mtrs. It is submitted that it is not the case of any of the department/offices that the land, is proposed to be acquired by the National Highways Authority. It is submitted that the private Respondent, being aggrieved, preferred a revision application before the learned Secretary, Revenue Department (Appeals) (hereinafter referred to as "learned Secretary") raising frivolous grounds; one of which, is access to their field from the land of the petitioners. It is submitted that learned Secretary, accepting the contention of the private Respondent, quashed and set aside the NA permission dtd. 5/7/2021. What weighed with the learned Secretary, is that the land, is proposed to be acquired by the National Highways Authority under the auspicious of "Bharatmala Project" and the notification under sec. 3-A has been issued.

(2.) Mr Vijay H. Patel, learned advocate submitted that the said ground would be unavailable considering the fact that some notification has been issued in the year 2018 and thereafter as per the information available to the petitioners, no further steps have been taken in furtherance of the said notification. It is submitted that sub-sec. (3) of sec. 3-D of the National Highways Act, 1956 (hereinafter referred to as "Act of 1956"), provides that in respect of any land, a notification is published for its acquisition but, no declaration under sub-sec. (1) has been published within a period of one year from the date of publication of that notification, the said notification shall seized to have any effect. The exception has been carved out in the proviso but the same would not be applicable to the petitioners. It is submitted that another ground raised by the private Respondent, is discrepancy in the measurement sheet; however, nothing was placed before the learned Secretary that the said measurement sheet has been challenged by the private Respondent.

(3.) Considered the submissions. Issue notice, returnable on 8/11/2022. Status quo qua the revenue entries to be maintained. Direct service is permitted.