ARI CONSOLIDATED INVESTMENT LIMITED Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BOTH these petitions arise out of orders passed by the revisional authority in respect of the order dated 23 rd November, 2011 made by the Collector, Bhavnagar in Sharatbhang Case No.JMN1/963/2003 and, therefore, both the petitions were taken up for hearing together and are disposed of by this common judgment.

(2.) THE facts of the case shorn of all unnecessary details are that land bearing Survey No.old Wadva Survey No.192/1 admeasuring 16 Vighas and 15 Aanas as well as Survey No.159/1 admeasuring 6 Vighas and 9 Aanas totally admeasuring 23 Vighas and 8 Aanas situated at or near Ghogha street, Bhavnagar was originally owned by the former Bhavnagar state. It appears that the said land was leased out to ARI Consolidated Investment Limited (petitioner in Special Civil Application No.13110/2011) on 12 th January, 1948 for a term of 99 years. However, since there was no formal lease agreement executed either with the then former Bhavnagar State and/or the Nagarpalika, a formal lease agreement dated 17th June, 1992 was executed by the Commissioner, Bhavnagar Municipality in favour of the petitioner in respect of land admeasuring approximately 16000 square metres subject to the terms and conditions embodied in the said lease agreement. After a period of about eleven years from the date of execution of the aforesaid formal lease agreement, a show- cause notice dated 7th April, 2003 came to be issued by the respondent No.3 ­ Collector, Bhavnagar alleging that the land leased for industrial purpose had been permitted by the Commissioner, Bhavnagar Municipality to be used for residential and commercial purpose by making construction thereon which action of the respondent No.4 was in connivance and without permission of the State Government permitting such change of use and/or sale and that despite the fact that the petitioner had no ownership right, the petitioner had sold the same unauthorisedly to third parties without permission of the State and thus, committed breach of grant of lease. The aforesaid directions culminated into an order dated 23rd November, 2011 made by the Collector, Bhavnagar. Both ARI Consolidated Investment Limited as well as Bhavnagar Municipality challenged the aforesaid order of the Collector before the Additional Secretary, Revenue Department (Appeals), Ahmedabad who, vide orders dated 5 th August, 2011 and 25th July, 2011 respectively, rejected the revision applications and upheld the order passed by the Collector. Being aggrieved, both ARI Consolidated Investment Limited and the Bhavnagar Municipal Corporation have filed the present petitions challenging the aforesaid orders passed by the revisional authority as well as the order passed by the Collector, Bhavnagar.

(3.) THE main ground on which the petitioners in both these petitions have assailed the order passed by the Collector, Bhavnagar is that the officer who passed the impugned order was transferred on 11 th November, 2009 and as such, he could not have passed the impugned order dated 23rd November, 2011. Another ground on which the order of the Collector is challenged is that while passing the said order, the Collector has placed reliance upon documents submitted by the City Survey Superintendent without affording any opportunity to the petitioners to deal with the same. It has also been contended that such documents were received by the Collector after the hearing had concluded.