AMRUTLAL JERAMBHAI NANDA Vs. DISTRICT MAGISTRATE JAMNAGAR

JUDGEMENT

(1.) By filing this petition, the petitioner-detenu has challenged his detention order dated 26.6.2002. By the impugned order, the petitioner-detenu is detained in exercise of the powers under section 3(1) of the Gujarat Prevention of Antisocial Activities Act,1985 (hereinafter referred to as "the PASA" for short), as, the detaining authority found that the detenu is a "property grabber" and is required to be detained under the preventive detention, so that, he may not continue with such type of illegal activities.

(2.) Along with the detention order, the detenu was also served with the grounds of detention. In the said grounds, four reasons are given, which are in connection with dealing with the land bearing Revenue Survey No.1354. The allegation against the petitioner is that so far as the land bearing Revenue Survey No.1354 is concerned, the same is a Government land and that the Government has taken possession of the said land on 31.7.1996, yet the petitioner illegally transferred the said land on 11.1.1997. The particulars thereof are given in para 3 of the grounds.

(3.) It is also not in dispute that the petitioner has tried to sell away the said land as back as in the year 1997. It is submitted on behalf of the petitioner that even though the alleged incident has occurred on 11.1.1997, the detention order is passed after about five years, as, it is passed on 26.6.2002. It is submitted that, in view of this long delay, the order of detention is required to be quashed and set aside. For that purpose, learned advocate has relied upon the decision of this Court in the case of Elesh Nandubhai Patel Vs. Commissioner of Police, Ahmedabad City and others, reported in 1997 (1) GLH 381 wherein the Court in para 21 observed as under.: