DHANERA BANDHUSAMAJ SARVAJANIK PUSTAKALAY Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petition is filed under Article 226 of the Constitution with following main prayer made in para 18(A) thereof:-

(2.) The case of the petitioner is that the land bearing Sheet No.35, City Survey No.2418 Paiki admeasuring 1033.01 Sq. Mtrs. was granted to the petitioner for the purpose of library by order dated 3.4.1956 and Sanad was issued for such land in favour of the petitioner on 10.1.1961; that the petitioner has been running library for last more than 40 year; that since the petitioner was facing difficulties to sustain the library, it constructed some shops on northern and southern side of the library and has given them on leave and license agreement for 11 months and not sold to anyone and that the intention of constructing the shops and giving them on leave and license agreement was for smooth functioning of the library.

(3.) As stated in the petition, the District Collector had initiated suo motu proceedings for breach of the condition of grant on the ground that instead of using the land for the purpose of library, the petitioner constructed the shops thereon without permission and for commercial purpose and passed order dated 7.6.2001 to forfeit the land to the State for breach of the condition of grant and to immediately stop the commercial use of the land. However, such order of the collector was set aside by the Secretary and the matter was remanded to the Collector by order dated 3.8.2011 passed in Revision Application No.51 of 2001 filed by the petitioner. The Collector then decided the Remand Case No.15 of 2011 and passed the impugned order dated 13.2.2014 for forfeiting the land to vest with the State Government. The Revision Application No.34 of 2017 filed by the petitioner against the order of the Collector is rejected and the order of the Collector is confirmed by the Secretary by the impugned order dated 12/24.4.2018.