STATE OF GUJARAT Vs. DINKAR NATHUBHAI DESAI

JUDGEMENT

(1.) This intra-court Appeal is directed against the judgment and order dtd. 21/4/2023 passed by the learned single Judge, whereby the writ petition filed by the respondent has been disposed of with the direction to the respondents-the appellants herein to initiate appropriate proceedings under the provisions of the Right to Fair Compensation in Land Acquisition Rehabilitation and Resettlement Act, 2013 (in short 'the Act, 2013') for regularising the acquisition of land admeasuring 64750 Sq.Mtrs, which was allotted to the original petitioner in the year 1970, within a period of three months from the date of receipt of the copy of the order. Further direction to the respondents-the appellants herein is that they shall complete the entire procedure of payment of compensation under the Act, 2013 within a period of three months from the date of receipt of the order.

(2.) The instant appeal has been instituted on behalf of the State of Gujarat through the Secretary, Revenue Department. The Deputy Executive Engineer , Road and Building Division-1, Airport Authority of India and the Collector, Surat have been joined as the other appellants. The challenge to the order of the learned single Judge is based on the ground that Survey No. 230 paiki 1 is a Salt-marsh land, which was granted on lease to the original petitioner namely Mr. Dinkar Nathubhai Desai vide allotment order dtd. 23/12/1970 in accordance with the provisions of Rule 40 of the Gujarat Land Revenue Rules, 1972 read with the provisions of the Gujarat Khar Lands Act, 1963.

(3.) It is contended that the allotment order dtd. 23/12/1970 provided the terms and conditions of the allotment/lease with the clear understanding that such lease does not confer any right or title on the person, to whom the lease has been granted, as the sole purpose of the lease was to increase agricultural production and to earn livelihood from the agricultural income. One of the conditions of the allotment order, as incorporated therein based on sub-clause(e) of the provisions of Rule 40 the Land Revenue Rules, 1972, was "if the reclamation is not carried on with due diligence within two years, or if half the area is not reclaimed so as to be in a state fit for use for agricultural purposes at the end of ten years, and the whole at the end of twenty years, or if any land once reclaimed as aforesaid is not maintained in a state fit for use for agricultural purposes, the lease shall be liable to cancellation at the discretion of the Collector:Provided that the lessee shall at liberty during the first ten years to relinquish any area which he cannot reclaim."