LAKHDHISINH MAHIPATSINH JADEJA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In this Appeal, challenge is laid to the order dtd. 16/3/2018 passed in Special Civil Application No. 2688 of 2018, whereunder the learned Single Judge has refused to interfere with the order dtd. 25/7/2017, passed by the Secretary, Revenue Department (Appeals) (for short S.S.R.D.).

(2.) In this Appeal, dispute revolves around the land bearing Survey No. 121 admeasuring 1 Acre 16 Gunthas situated in Village Lakhapar, Taluka Rajkot, which was granted originally in Santhani by order dtd. 28/10/1986 to one Aalabhai Bhikhabhai, which was a new and restricted tenure land granted on terms and conditions specified under the letter of allotment. The said allottee entered into an agreement to sell the said land in favour of petitioner and same was sold under registered sale deed dtd. 17/2/2000, which was preceded by permission for non-agricultural use being granted to an extent of 16 gunthas on 11/1/2001. Thereafter, Jurisdictional Panchayat by permission dtd. 20/1/2001 also accorded its approval to the applicant for putting up construction. In the meanwhile, the subject land in its entirety namely admeasuring 1 acre 16 gunthas was converted to old tenure to new and restricted tenure vide order dtd. 2/2/2000, which was subject to the conditions mentioned thereunder. However, permission which the petitioner had to obtain by filing an application from agricultural use to non-agricultural use had not been obtained, though application had been submitted on 29/6/2000. On account of there being restricted tenure and applicant was liable to pay premium, if the land were to be utilized for non-agricultural purposes and same having not been done. On the other hand, construction was put up and hotel business had been commenced in the said land in an area measuring 16 gunthas without paying premium and without obtaining permission, which resulted in Deputy Collector, Rajkot initiating proceedings and it culminated in an order being passed by Deputy Collector on 5/6/2010, whereby the subject land in its entirety was ordered to be forfeited to the Government. Petitioner unsuccessfully challenged the said order before the Collector, who by order dtd. 25/10/2012 dismissed the same, which came to be affirmed by the learned Single Judge on the ground of concurrent findings having been recorded and also on the ground that petitioner had commenced the hotel business, without payment of premium and without permission.

(3.) Undisputedly, in the instant case, N.A. Permission was granted on 11/1/2001. The Jurisdictional Panchayat had also granted permission to put up construction vide order dtd. 20/1/2001. The proceedings for forfeiting the land has been initiated after six years from the date of sale namely by issuance of notice on 21/2/2007, though petitioner had purchased the land on 17/2/2000 and N.A. permission had been obtained on 11/1/2001 and permission to put up construction had also been obtained 20/1/2001. Infact petitioner had also submitted an application on 29/6/2000 for determining premium for conversion of land to non-agricultural land (commercial purpose). On account of non-determination of premium payable, as already noticed hereinabove, the proceedings for forfeiture of land had been commenced.