SECRETARY Vs. SAMA SIDHIK SAHEB

JUDGEMENT

(1.) The Kalo Dungar and the Dholo Dungar (the black hill and the white hill), the pride of Kutchha, the place with great religious and historical importance, as also an important strategic point from security angle, having been declared as the private properties of the respondents, by the Gujarat Revenue Tribunal (hereinafter referred to as 'the GRT') in the impugned order dated 09.02.1993, the petitioner State has filed the present petition. By the said order, the GRT has set aside the order dated 17.05.1982 passed by the Mamlatdar, Bhuj in Huk-Choksi Case No. 15 of 1980 filed by the respondents under Section 37 (2) of the Bombay Land Revenue Code (hereinafter referred to as 'the said Code'), and also the order dated 31.03.1989 passed by the Assistant Collector in Revenue Appeal No. 74 of 1987 and the order dated 24.01.1990 passed by the Collector in the further appeal filed by the respondents.

(2.) The short facts giving rise to the present petition are that the respondent Nos. 1 to 9 had filed the application before the Mamlatdar, Bhuj under Section 37 (2) of the said Code praying to decide about the issue of ownership of the two hills known as Kalo Dungar Dholo Dunger (hereinafter referred to as 'the said two hills'), alleging inter alia that they were in possession of the said hills since the time immemorial and that the said hills did not vest in the State Government under Section 10 of the Bombay Inams (Kutch area) Abolition Act, 1958 (hereinafter referred to as 'the said Inam Abolition Act'). It was stated in the said application that the said two hills were 'Rakhal' lands and many trees were grown thereon and therefore, they did not vest in the State Government under Section 10 of the said Inam Abolition Act.

(3.) The Mamlatdar vide the order dated 02.02.1971 rejected the said application by holding that except the bare statement of the applicants, there was no evidence produced by them to show that the said hills belonged to the said respondents applicants, whereas the entries made in property register maintained by the Talati showed that the said two hills were owned by the Government. It was further held that the said hills had vested in the Government under Section 10 of the said Inam Abolition Act. Being aggrieved by the said order, the concerned respondents original applicants had preferred an appeal being No. 4 of 1970 before the GRT, and the GRT vide the order dated 25.07.1973 allowed the said appeal and remanded the matter to the Mamlatdar for deciding it afresh in the light of the observations made in the order. After the remand of the matter, the concerned respondents applicants did not remain present before the Mamlatdar and therefore the Mamlatdar vide the order dated 18.07.1976 held that the Government was the owner of the said hills. The concerned respondents original applicants again challenged the said order before the GRT by filing the appeal being No. 5 of 1978. The GRT vide the order dated 10.09.1978 again remanded the case to the Mamlatdar and directed to give an opportunity of hearing to the original applicants.