GANPATI SALT WORKS Vs. STATE OF GUJARAT

JUDGEMENT

(1.) . Both these petitions involve common questions of fact and law and as such both the petitions are being disposed of by the common judgment, with the consent and agreement of the learned Advocate for the petitioner and the learned Assistant Government Pleader appearing for the respondent-State.

(2.) . In Special Civil Application No. 3424 of 1982, petitioner No. 2, Sarojben Ganpatlal Agraval, is the proprietor of petitioner No. 1, Ganpati Salt Works. One Vala Jesang of village Padana, Taluka Anjar, District Kutch, on his application, was granted a lease in respect of plot No. 3, situated on the seashore of Padana village for manufacture, storage and sale of salt and its byeproducts by the second respondent. The said lease was granted initially for a period of five years from 1-8-1972 to 31-7-1977. An agreement to lease was executed by said Vala Jesang in favour of Government of Gujarat on 2-4-1973, a copy of which is at Annexure "A" to the petition.

(3.) . In Special Civil Application No. 3425 of 1982, petitioner No. 2, Puran Devisahay Agraval, is the proprietor of petitioner No. 1 Company, Durga Salt Works, Padana Village, Taluka Anjar, Dist. Kutch. In that case, one Jiva Devayat Zaru of village Padana, Taluka Anjar, District Kutch, was similarly granted a lease in respect of plot No. 2 on the sea-shore of Padana village for manufacture, storage and sale of salt and its bye-products. A lease agreement was entered by said Jiva Devayat in respect of the said lease commencing from 1-8-1972 to 31-7-1977, a copy of which is at Annexure 'A' to the said petition.