BHAKTIBHAI GOPALJI BHAKTA Vs. COLLECTOR OF SURAT

JUDGEMENT

(1.) The petitioner herein claims that he is the finder of the treasure as also that the treasure was found from the land belonging to him and therefore he has challenged the order of the Collector. Surat and the judgment and order of the Special Secretary dated 29-8-1978 rejecting the claim of the petitioner both on facts as well as by application of secs. 20 and 21 of the Indian Treasure Trove Act 1978 (hereinafter referred to as the Act) on the ground that the petitioner has failed to give notice as required under sec. 4 thereof and if he is the owner and not the finder then for punishment under sec. 21 of the Act.

(2.) As disclosed from the Order dated 13-12-1977 (Annexure A to the petition) of the Collector during the digging of the foundation of the new residential building of the petitioner on 8-2-1977 the Labourers found out silver coins and all of them except a few were given by them to the petitioner. However it appears that neither the petitioner nor any other person gave notice as required under sec. 4 of the Act in respect of the same. The Collector. Surat has stated in his order that Police Sub-Inspector Mahuva received an anonymous application dated 27-2-1977 in respect of this treasure and he therefore started inquiry. During the course of inquiry in labourers were interrogated and they produced before the said Police Sub-Inspector on 25-3-1977 in all 131 silver coins. These labourers had made a statement before the Police Officer that while they were digging the foundation of the residential building of the petitioner the said silver coins were found by them and the same were given by them to the petitioner. On that very day i.e. 25-3-1977 the petitioner also produced old silver coins -1 431 in number before the Police Sub-Inspector. The valuation of the said silver coins totalling to 1 562 was assessed at Rs. 19 0 The said coins bore inscription Mubarak-Surat-24 Hijri in Persian Language. The Archaeological Department of the State of Gujarat had given opinion under sec. 13 of the Act and rule 5 of the rules made under the said Act that the said coins should be acquired by the State Government. However the land where from the said coins were found was not required to be acquired.

(3.) The Collector Surat published a Notification dated 26-7-1977 as required under sec. 5 of the Act calling upon the interested persons to lodge their claim with relevant evidence on or before 29-11-1977 at 12.00 noon in his office and to remain present on that day for proving their respective claims. Two persons who were interested prayed for adjournment which was not granted. with which we are not concerned in this petition. One Jawaharlal Dinkerrai Desai of Navsari asked for adjournment enable him to produce the statements of the labourers who had recovered the coins in question alongwith the panchnamas and the relevant papers of the inquiry. This was by a letter dated 24 The said adjournment was not granted. He had not remained present on the appointed day. One Balwantrai Krishnaji Desai through his Advocate and present petitioner Bhaktibhai Gopalji Bhakta made a submission that they were entitled to the Treasure Trove. The claim of Balwantrai was based upon the land which was sold by him to the petitioner. But that claim was ultimately found to be untenable and was dismissed. We are not concerned with the said claim in this petition. The present petitioner however claims ownership of both the pieces of land viz. land which was purchased by him in year 1957 from Balwantrai as well as the land for which he had entered into a contract of sale and had actually received possession from Rasvindra Dahyabhai. The said land bears property Survey No. 217. He has also contended that the treasure was found while digging the foundation of his residential house through his labourers and therefore he is also the finder of the treasure.