SAURASHTRA CHEMICALS Vs. STATE OF GUJARAT AND OTHERS

JUDGEMENT

(1.) The petitioner company has challenged the order passed by the Secretary (Appeals), Revenue Department, Government of Gujarat dt. 21-6-1983, confirming the order passed by respondent No. 2-Collector dt. Feb. 2, 1983 by filing this petition under Art. 227 of the Constitution of India.

(2.) The petitioner company was given land on lease for the purpose of starting salt work by a registered deed dt. 30-9-1955. The lease was in respect of 2998 Acres of land for the period of 25 years for its specific purpose of manufacturing Salt Work for his captive consumption.

(3.) Chhaya Gram Panchayat complained to the Mamlatdar on 7-2-1975 that the petitioner company had encroached upon certain public land by constructing Channal for Salt Work. It was alleged that the encroachment was in respect of eight and half Acres of land. The 'petitioner company was heard by respondent No. 3-Mamlatdar in respect of complaint filed by the said Panchayat who decided and passed the Order on 17-5-1977. By virtue of the order of respondent No. 3, the fine was levied for making an encroachment and fine was paid by the petitioner company. The respondent No.3 had also directed the petitioner-company to file an application for regularisation in respect of an unauthorised occupation of the land before the appropriate authorities.