FARSHUBHAI M GOKLANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this writ petition in the nature of Public Interest Litigation, the petitioner challenges the acquisition of lands undertaken by the respondent - Gujarat Power Corporation Limited, which is a govt. company, for establishment and setting up of Phase -I of Gujarat Solar Park at village Charanka, Taluka -Santalpur, District -Patan.

(2.) FOR setting up of Phase -I of Gujarat Solar Park, total land required for the project consisted both the government land as well as private land. For the acquisition of the land, the government undertook the process of acquisition of land. The government land of 1020 hectares was acquired by order dated 20.12.2010 and further 91.53 hectares was acquired by order dated 6.1.2014. The private land was acquired by way of two methods, namely, one by consent award and another by regular award. Under the consent award, 666 -27 -49 hectares of land was acquired, whereas by way of regular award 120.16.94 hectares was acquired. It is alleged that the lands especially the lands belonging to agriculturists in the year 2010 -11 belonging to original owners came to be transferred to some speculators at a throw away price by the agriculturists and when the same lands were acquired by the government for the respondent no.2 company, the price paid by way of consent award as well as by regular award was at a very escalated rate of more than 200% and such sale transactions took place between the original landowners, that is, the agriculturists, and the speculators within a short span of two years by consent award as well as regular award, thereby huge loss has occurred to the public exchequer.

(3.) EARLIER , while hearing the present petition on 27th August, 2014, this Court extracted a chart and reproduced the details contained in the said chart produced by the petitioner at Annexure:I to the petition, showing the details of the transactions that took place between the original owners, that is, agriculturists and the speculators. The said details contained survey number of land, name of the original owner, name of the purchaser, area of the land, date of sale deed, sale consideration and compensation that was awarded. At that time, this Court was of the opinion that a thorough investigation into the allegations made by the petitioner was required to be made by the Principal Secretary, Revenue Department as to whether in the land acquisition proceedings excess compensation was paid to the landowners or not. In compliance with the said order dated 27.8.14, a detailed report has been submitted by Mr. J.N. Singh, Additional Chief Secretary, Revenue, Government of Gujarat in the month of December, 2014 along with affidavit filed by Mr. B.J. Trivedi, Joint Secretary, Revenue Department, Sachivalaya, Gandhinagar. The findings given in the said report by the Additional Chief Secretary, are extracted hereunder: