HIDES & LEATHER PRODUCTS PVT LTD THR AUTHORISED SIGNATORY Vs. STATE OF GUJARAT THRO DISTRICT COLLECTOR

JUDGEMENT

(1.) The present petition filed under Article 226 of the Constitution is directed against the order dated 23.11.2012 passed by the Gujarat Revenue Tribunal (hereinafter referred to as "the said Tribunal") in Appeal No.55/2002 preferred by the petitioner, confirming the order dated 19.10.2002 passed by the respondent No.1 Collector, whereby the respondent No.1 had cancelled the lease deed in respect of the land in question granted to the petitioner and further directed that the land shall vest in the Government.

(2.) The petitioner is the Company incorporated under the Indian Companies Act, 1956. According to the petitioner, the Navabsaheb of Palanpur, in order to promote the industry, had initially offered the land belonging to him to the petitioner for the purpose of setting up a factory for manufacturing Hide Products and leather goods, by executing the agreement on 9.2.1948 by way of lease for a period of 999 years on the terms and conditions mentioned therein. On the merger of Palanpur State with the State of Bombay a fresh lease deed came to be executed by the Government of Bombay through the Collector, Banaskatha in favour of the petitioner through its Director Mr.C. N. Patel on 31.7.1956 (Annexure -E). As per the said lease deed, the petitioner was allotted the lands bearing Survey Nos.1051, 1054, 1055, 1053/1 and 1053/2, admeasuring about 10 acres and 2 gunthas situated in Palanpur for establishing a factory for manufacturing the Hides products and leather goods, on the terms and conditions mentioned therein for a period of 99 years to be commenced from 9.2.1948. As per the case of the petitioner, the petitioner had constructed the factory for manufacturing the Hides products and leather goods accordingly. It appears from the Entry No.1827 dated 8.11.1966 (Annexure -D) that the petitioner thereafter was granted additional land for constructing residential quarters for its employees subject to the conditions mentioned in the order dated 9.2.1966. It is further case of the petitioner that the respondent No.1 issued notice under Section 79A of the Bombay Land Revenue Code (hereinafter referred to as "the Revenue Code") on 20.8.2001, calling upon the petitioner to show cause as to why the lease deed dated 31.7.1956 and the grant of land dated 9.2.1966 should not be cancelled, as the petitioner had failed to pay the rent as per Condition No.1 and that there was no factory or residential units existing on the lands in question. The said show -cause notice was replied by the petitioner stating, inter alia, that the petitioner had not committed any breach of any of the conditions of the lease deed and the petitioner could not be summarily evicted from the land in question. However, the respondent No.1 Collector by his order dated 19.10.2002 cancelled the lease deed dated 31.7.1956 and directed the land to be vested in the Government (Annexure -G) The aggrieved petitioner had filed the Appeal before the said Tribunal, who vide the impugned order dated 23.11.2012 confirmed the order passed by the Collector and dismissed the Appeal of the petitioner.

(3.) It appears that pending the present petition, the petitioner had submitted an application to the respondent No.1 for granting benefits of the Circular dated 8.8.2001 to the petitioner, pursuant to the order dated 15.4.2014 passed by this Court, however, the said application also came to be rejected by the respondent No.1 vide the order dated 1.8.2014. The petitioner, therefore, with the permission of the Court, amended the memo of the petition for challenging the said order passed by the respondent No.1.