SWARAJYA ASHRAM Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner-Swarajya Ashram, Bardoli, a public charitable trust (hereinafter referred to as, "the petitioner Trust") registered as such, has challenged the order dated 8th February, 1994 made by the State Government under Section 3 of the Gujarat Agricultural Lands Ceiling Act, 1960 (hereinafter referred to as, "the Act of 1960").

(2.) It appears that the petitioner Trust has been settled with the main object of general upliftment of the people, education, gaushala, etc. In the year 1965, the petitioner Trust acquired certain parcels of land of village Tajpor-Bujrang, taluka Bardoli from the concerned vendors by registered sale deeds. The said sale were questioned by the Mamlatdar, Vyara; as being made in contravention of the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947 (hereinafter referred to as, "the Fragmentation Act"). The said proceedings culminated into order dated 20th September, 1979 made by the Deputy Collector, Vyara. A fine of Rs.50=00 was imposed upon the petitioner Trust but was allowed to retain the lands purchased by it. In the mean time, in view of the amendment to the Gujarat Agricultural Lands Ceiling Act, 1960 by Act No.2 of 1974, the petitioner Trust was required to declare its holding. Indisputably, the total holding of the petitioner Trust was in excess of the ceiling area determined under the Act of 1960. The petitioner Trust, engaged in the activities of agricultural education and gaushala, created a separate trust in the name of Swarajya Ashram, Bardoli Gaushala Trust. The same was registered as such on 30th March, 1977. The petitioner Trust applied for exemption as envisaged by Section 3 of the Act of 1960. As on the specified date the petitioner Trust did not hold any land (on account of proceedings pending under the Fragmentation Act), the exemption applied for by it came to be filed by the order of the Deputy Collector made on 17th September, 1980. Since then, the petitioner Trust renewed its application for exemption on 9th February, 1987. The said application came to be rejected by the Collector, Surat as time-barred. The said order has been confirmed in appeal before the State Government by the impugned order. The State Government did observe that the petitioner Trust was engaged in basic education and also maintained a Gaushala, but the petitioner Trust did not hold any land as on 1st April, 1976 and it did not apply for exemption within 90 days from its acquiring the lands. The appeal came to be dismissed accordingly.

(3.) Mr.Jadeja has submitted that though the petitioner Trust did hold the lands as on the specified date (1st April, 1976), on account of the aforementioned proceedings under the Fragmentation Act the mutation entries in respect of the lands acquired by the petitioner Trust, made in the name of the petitioner Trust, were cancelled. The said entries came to be restored after the aforementioned order dated 20th September, 1979 made by the Deputy Collector, Vyara. He has submitted that the application dated 9th February, 1987 for grant of exemption under Section 3 of the Act of 1960 was made within 90 days therefrom i.e. Within 90 days from the date the Trust became eligible for exemption under Section 3 of the Act. The application made by the petitioner Trust, therefore, ought to have been granted.