(1.) Shri M.I. Hava, learned counsel for the petitioners. Shri N.D. Gohil, learned AGP for the State. Heard. Present is a petition under Article 227 of the Constitution of India, where under the petitioner claiming to be a public charitable trust, registered under the provisions of the Bombay Public Trusts Act, proposes to challenge the order passed by the Competent Authority/Agricultural Lands Tribunal, order passed by the appellate authority and the Revenue Tribunal in revision. Short facts necessary for disposal of the present matter are that the petitioner filed a return before the Competent Authority under the provisions of the Gujarat Agricultural Lands Ceiling Act, 1960. At the time of hearing, it was observed that the petitioner was entitled to 27 Acres of land while it was holding more than 105 Acres, excess land was declared surplus. The matter was taken in appeal and the matter was remanded back. It was thereafter held by the Competent Authority that the petitioner would be entitled to have 30 Acres of land, an appeal was again preferred and the matter was again remanded. Thereafter, it was submitted by the present petitioner before the Competent Authority/ALT that they are a Trust registered under the provisions of the Bombay Public Trust Act, they have large number of cattle with them, the land in dispute is grass land where grass grows naturally, therefore, it could not be deemed to be agricultural land and as the Trust was having its operations in Vadodara and Haripura, the Trust would be entitled to 2 units. The argument did not find favour with the Competent Authority/ALT, it accordingly declared 86 Acres and 16 Gunthas as surplus land. Being aggrieved by the said order, the petitioner took up the matter in appeal before the Deputy Collector. The Deputy Collector, in his order dated 9.9.93 referred to the grounds raised in the appeal memo, but however, ultimately held that the order passed by the Competent Authority/ALT was in accordance with law. The petitioner, being aggrieved by the said order, took up the matter before the Revenue Tribunal in revision application no. TEN.B.S. 47/94. The revision application came to be dismissed on 25th August, 1994.
(2.) Being aggrieved by the said order, the petitioner is before this Court. The petition originally did not raise the question of applicability of Section 3[1][d][Unamended] of the Gujarat Agricultural Lands Ceiling Act, 1960. By way of amendment incorporated in the petition, it is submitted before the Court that in view of the judgment of this Court, in the matter of Shri Ranpur Khoda Dhor Panjarapole v. State of Gujarta & Ors.[36 [1] GLR 597], the entire area possessed by the petitioner would be exempt from the provisions of the Ceiling Act. Shri Hava, learned counsel for the petitioner submits as under:-
(3.) On being asked that whether the Trust Deed has been filed before any of the authority, Mr. Hava, learned counsel for the petitioner fairly submitted that such copy of the Trust Deed was never filed either before the Competent Authority/ALT or before the appellate authority or before the Revenue Tribunal or before this Court. Section 3[1][d] provides that particular land shall stand exempted from the provisions of the Act, that is, lands which are property of the trust xxx xxx. For proving the fact that the petitioner is a public trust and it has been incorporated or constituted for a particular reason or purpose, submission of the Trust Deed was the requirement. In absence of the Trust Deed, no authority or Court would be able to hold that the petitioner is a registered public trust and it has been incorporated or constituted for some public purpose and it would be entitled to certain benefits flowing from the Bombay Public Trust Act or from any other Act which provides further reliefs to the public trust. Section 3[1][d] cannot be applied in air. For its application, it needs a particular factual foundation. A submission by the petitioner that it is a public trust would in itself be not sufficient. The fact could be proved by producing a certificate, a copy of certificate or some document issued by the Competent Authority.