GUJARAT PIPAVAV PORT LTD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In this petition under Article 226 of the Constitution of India, the petitioner has prayed for an appropriate writ, order or direction directing the respondent authorities more particularly, the respondent No.2-Collector, Amreli to allot land admeasuring 30-Acres of survey No.109 of village Rampara-II, Taluka Rajula, District Amreli. It is also further prayed to issue an appropriate writ, order or direction restraining the respondent No.2-Collector, Amreli from allotting or in any manner transferring or alienating land admeasuring 30-Acres of survey No.109, village Rampara-II, Taluka Rajula, District Amreli to any other person/s save and except the petitioner company.

(2.) It is the contention on behalf of the petitioner that the Gujarat Maritime Board was constituted by the Government of Gujarat under the provisions of the Gujarat Maritime Board Act, 1981 and the said Board has been vested with the power to develop, manage, administer and control intermediate and minor ports in the State of Gujarat. It is also further averred in the petition that somewhere in the year, 1985 the Gujarat Maritime Board decided to develop an intermediate port at Pipavav and therefore, sent a proposal to the State Government for acquiring private lands and allot Government waste land for development of Pipavav port in village Rampara-II, Taluka Rajula of District Amreli and in turn, the Government of Gujarat after considering the said proposal acquired the said land and allotted 362 Hectares of land to the Gujarat Maritime Board for the purpose of development of Pipavav port and for the development of project Pipavav port, the Gujarat Maritime Board entered into memorandum of understanding on 7.2.1992 which was converted into an agreement on 23.6.1992, and the petitioner company was incorporated as joint sector company. It is the case on behalf of the petitioner that in all 423 Hectors of land came to be alloted to the petitioner under possession agreement dated 12.8.1992 for the purpose of providing various services enumerated under Section 32 of the Gujarat Maritime Board Act. It is the case on behalf of the petitioner that initially Gujarat Maritime Board had sent proposal of acquiring 374 Hectors of land, however, the Government of Gujarat had alloted 362 Hectors of land out of the said 374 hectors of land leaving 12 Hectors (30 Acres) of land right in the centre of the entire plot land in view of on-going dispute between the original allottee and the Government. It is the contention of the petitioner that the said plot of land admeasuring 30-Acres comprising of Survey No.109 is critical for the entire project and Gujarat Maritime Board and the petitioner are requesting the State Government to allot the said land.

(3.) It is the contention on behalf of the petitioner that the said 30-Acres of land comprising of Survey No.109 was originally alloted to one Valabhai Jivabhai and his two sons namely Mayabhai Valabhai Khasia and Khodabhai Valabhai Khasia on 15.3.1982 by fixing price to be paid in five installments and the said land was ultimately cancelled for want of payment of price by order of the Collector dated 3.1.1985. On 8.1.1985, the land was advertised for allotment which did not fructify in allotment and therefore, another public notice for allotment was made on 1st July, 1990. In the meanwhile, surrounding land was acquired by the State Government as stated hereinabove and the land was alloted to the Gujarat Maritime Board for the purpose of developing the Pipavav port petitioner company. It is the contention of the petitioner that though the proposal for acquiring the said land was made way back in 1985, the Gujarat Maritime Board and the petitioner company made several representations to the Collector, Amreli and the State Government for allotment of said 30-Acres of land, more particularly, since the said land was declared as surplus land and was not alloted to any third party. It is the contention on behalf of the petitioner that as the petitioner was alloted the land adjacent aforesaid 30-Acres of land, out of land bearing Survey No.109, the said land should be alloted to the petitioner. It is the contention of the petitioner that the original allottee lost his claim upto this Court and even the original allottee preferred writ petition being Special Civil Application No.3762/98 praying for allotment of said 30-Acres of land, however, the learned Single Judge dismissed the said Special Civil Application and therefore, it is the case of the petitioner company that considering the replies filed by the State Government that the petitioner company is in need of the aforesaid 30-Acres of land, the said Special Civil Application was dismissed. It is the case on behalf of the petitioner that the Collector, Amreli is now trying to allot the aforesaid land to the third party for agricultural purpose though the Mamlatdar has recommended the allotment of the land to the petitioner company, and therefore, the action of the collector in trying to allot the land to the other persons for agricultural purpose is illegal and therefore, the petitioner has preferred the present Special Civil Application for the aforesaid reliefs.