KETANBHAI RAJNIBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Both the petitions involving similar issues and having been filed by the same petitioner, were heard together. For the sake of convenience, the facts stated in the Special Civil Application No. 4099 of 2014 are taken into consideration. Following main prayers have been sought in the said petition : -

(2.) The short facts as emerging from the record of the petition are that the petitioner and his family members had collectively purchased the land bearing Final Plot No. 608 admeasuring 2610 sq. mtrs. Town Planning Scheme No. 204 situated at village Makarba, Taluka, City and District Ahmedabad (hereinafter referred to as 'the said land') on 22.07.2004. The petitioner, thereafter had applied to the Collector on 12.05.2010 seeking permission to convert the land from new tenure to old tenure for N.A. use under the provisions contained in the Bombay Tenancy and Agricultural Land Act, 1948 (hereinafter referred to as 'the said Act'). On 18.05.2010, the Collector, in terms of Government Resolution dated 04.07.2008 had forwarded the said application for verification to the Mamlatdar along with the checklist. The Collector had thereafter vide the communication dated 08.07.2010 forwarded the matter to the Government seeking prior permission to fix the amount of premium to be recovered from the petitioner in view of the Government Resolution dated 04.07.2008. The Government in Revenue Department vide the communication dated 17.09.2010 sought clarification on the issues of the entries made in the revenue record in connection with the petitioner's land, which was responded by the District Collector vide the letter dated 31.03.2011 answering the said queries. The Government in the Revenue Department again raised other queries vide the letter dated 13.06.2011, which were answered by the District Collector vide letter dated 19.03.2012. The Revenue Department, thereafter, granted permission for conversion of the land from new tenure to old tenure, for using the same for non-agriculture purpose subject to the conditions mentioned therein and on payment of premium of Rs. 1,90,00,000.00 as per the Jantri rate vide the order dated 15.05.2012 (Annexure 'G'). The petitioner thereafter was called upon by the District Collector vide the impugned communication dated 04.06.2012 to pay the said amount of Rs. 1,90,00,000.00 in view of the order dated 15.05.2012 passed by the Government in Revenue Department (Annexure 'A'). According to the petitioner, he had no choice but to pay the said amount of premium as directed, and therefore, he had paid the same on 26.06.2012. The petitioner, thereafter, filed an application under the RTI Act on 27.11.2013 asking for all the documents pertaining to the processing of his application and upon the procurement of the said information on 11.12.2013, the petitioner came to know that the Collector had taken the decision about the amount of premium payable by the petitioner as early as on 08.07.2010, however, the Revenue Department delayed the processing of his application and granting approval. The petitioner therefore has prayed to set aside the communication dated 04.06.2012 of the Collector and to direct the respondents to refund the sum of Rs. 85,60,800.00 with interest @ 12% per annum being the difference between the premium determined by the Collector as per the order dated 08.07.2010 and his subsequent letter dated 04.06.2012.

(3.) The Special Civil Application No. 4142 of 2014 has been filed in respect of the land bearing Final Plot No. 607 admeasuring 2974 sq. mtrs. Town Planning Scheme No. 204, situated at Village makarba, Taluka, City and District Ahmedabad. In the said petition, the petitioner has prayed to quash and set aside the communication dated 27.06.2012 passed by the Collector and sought direction against the respondent to refund the sum of Rs. 97,54,720.00 with interest @ 12% per annum as being the difference between the premium determined by the Collector vide the order dated 08.07.2010 and his subsequent order dated 27.06.2012.