NAGESHWAR SALT INDUSTRIES Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition, the petitioners have challenged the impugned decision of the Government dated 3-12-81(Annexure"B") not to allot the land in question to the petitioners.

(2.) xxx xxx xxx xxx xxx xxx xxx ]

(3.) Mr.Tanna learned advocate for the petitioners, vehemently submitted that inequal treatment has been given to the petitioners by the respondents. The respondents have granted lease and permission to Tata, which is a big industrial Unit of the Country on 6-10-81 for the similar type of land.which is at a distance of 200 mtrs. from the mean maximum tide level, but the petitioners, being a small Unit, though initially lease for 290 Sq.Mtrs. of land granted to them earlier have been denied the lease by the respondents by an order dated 3-12-81 on the ground that in between the Government had taken a policy decision on 17-11-81 of not granting any land on lease, which is at a distance of 200 mtrs. from the mean maximum tide level. Thus, the impugned order at Annexure "B" is in clear violation of Article 14 of the Constitution of India and liable to be set aside. Mr. Tanna further submitted that the petitioners had the statutory and constitutional right to claim land in question on and their right is deliberately denied by the respondents by taking a late decision. If the respondents had taken the decision earlier than 17-11-81, the petitioners would have been given the land on lease by the respondents. He submitted that he has been given land under s. 60 of the Bombay Land Revenue Code. He submitted that under Rule 54 of the Bombay Land Revenue Rules, petitioners have statutory right to claim land on lease. I am afraid, I can not accept this submission raised by Mr.Tanna. It is not a statutory right It is only under these provisions that the land has to be leased out. It does not confer any right to the petitioners to claim lease. Mr.Tanna was unable to point out what constitutional right the petitioners had to claim the land on lease. In my opinion, no constitutional right of the petitioners has been violated. If there is any determination then only Article 14 of the Constitution of India can be invoked by the petitioners.