WINDOW HIRUBEN BIJALBHAI Vs. SPECIAL SECRETARY

JUDGEMENT

(1.) Rule. Mr.Mengdey, learned AGP waives service of rule for respondents. With the consent of the learned Counsel appearing for both the sides, the matter is finally heard today.

(2.) The short facts of the case are that the husband of the petitioner was granted government land admeasuring 5 acres bearing Survey No. 1202 at Village Bhalpara for growing trees for 30 years as per the order dated 14.12.1978. It is the case of the petitioners that the petitioners have made efforts to grow the maximum trees over the land and it was also the case of the petitioners before the Collector that due to heavy rain and consequential flood in the area, the plants were destroyed and as a result thereof the requisite number of trees as per the resolution of the Government could not be grown well in time. It appears that the District Collector issued notice for termination of the lease on the ground that the requisite number of trees are not grown. The petitioners submitted reply and contended, inter alia, on the aspects of circumstances beyond the control for non- growing of the requisite number of trees. It also appears that the Collector while passing the impugned order considered the matter on the ground that the requisite number of trees are not grown and relied upon the revenue record of Village Form No.7 and 12 and it was shown that the crops were grown by the petitioner. It appears that thereafter the Collector passed the order of forfeiture of the land. The matter was carried before the State Government by petitioners and the said order of the Collector is confirmed. It is under these circumstances the petitioners have approached this Court by preferring this petition.

(3.) I have heard Mr.Mithani, learned Counsel for the petitioners and Mr. Mengdey, learned AGP for the respondent authorities.