JAMNADAS MEGHJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioners are before this Court being aggrieved of orders dated 09.06.1992 passed by the Deputy Collector, Veraval, dated 08.06.1993 passed by the Collector, Junagadh and dated 19.12.1994 passed by the Secretary (Appeals), Revenue Department.

(2.) The facts of the case are that the petitioners are holding land bearing survey No.11/2 admeasuring 3 Acres and 15 yds. at village Hadmatia (Gir), Tal.Talala, Dist.Junagadh. Adjacent to the land of the petitioners, Government waste land is situated. It was alleged against the petitioners by the Revenue authorities that they have encroached upon the waste land of the Government. A case under Section 61 of the Bombay Land Revenue Code, 1879, 1879 was filed before the Mamlatdar, Talala being encroachment case No.18 of 1988 " 89. Mamlatdar by his order dated 20.09.1989 held that there is an encroachment on Government waste land since 1970-71. The Mamlatdar passed an order imposing penalty and also to remove the encroachment. The petitioners, in light of the Government policy of regularizing encroachment of small in nature, applied for the same. The extent of encroachment was measured to be 39 gunthas. The request was considered by the Mamlatdar and by order dated 27.09.1990, he accepted the request of the petitioners for regularization, on condition of payment of Rs.9,750/- as Occupancy price. A copy of this order is at Annexure-A to this petition.

(3.) The petitioners paid a sum of Rs.100/- towards measurement fees and also paid the occupancy price as directed. The petitioners were issued Sanad bearing No.56/90-91 dated 15.04.1991. The petitioners had already developed the land, they continued cultivating the same. It is the case of the petitioners that they spent substantial amount for developing the land. They incurred expenses for laying down a pipeline 500 fts in length. They also built 'Bund' at the cost of Rs.9,000/-, installed an electric motor of 7.5 H.P. at the cost of Rs.14,000/- for irrigating the land.