JAYANTILAL PARSHOTTAMDAS KAPALI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Special Civil Applications Nos. 1392 of 1968 1366 of 1968 1394 of 1968 and 1393 of 1968 and Spl. C. A. No. 1436 of 1968 raise some common questions of law and facts and they can be conveniently disposed of by one judgment We may however mention that some of the questions of facts are not common and we shall deal with them separately at the appropriate place. These writ petitions are directed against the orders made by the Collector of Surat respondent No. 2 in all the petitions whereby lands bearing certian survey members situated in the village of Althan in the District of Surat have been requisitioned under sec. 5(1) of the Bombay Land Requisition Act 1948 hereafter referred to as the Act. They also seek to have the consequential notices for possession and in some cases of auctioning crops quashed. We shall prefer to deal with Special Civil Application No. 1392 of 1968 as the main petition or representative petition in which we propose to deal with all the questions of law which are common and also first deal with the questions of facts that arise in the said petition.

(2.) The petitioners in Special Civil Application No. 1392 of 1968 are the Managing Trustees of the public Trust known as Shri Surat Panjrapole Surat hereafter referred to as the Trust. It was founded about 150 years ago the object whereof is protection of infirm cattle. The Trust is also registered under the Bombay Public Trusts Act 1950 For the fulfillment of the object of the said Trust the trust looks after and maintains nearly 1750 infirm cattle. The petitioners as Managing Trustees of the said Trust hold agricultural lands in the District of Surat. Parts of them are used as grazing land for the infirm cattle and the rest are used for growing crops to realise income to carry out the object of the Trust. The said Trust also runs and manages a dairy and its income is also utilised for the fulfillment of the object of the trust. The agricultural lands held by the petitioners therefore are very important from the point of view of enabling the Trustees to fulfill the object of the Trust. The said Trust is exempted from the application of the provisions of the Bombay Tenancy and Agricultural Lands Act 1948 under sec. 88B of the said Act and it is also exempted from the operation of the Gujarat Agricultural Lands Ceiling Act 1960

(3.) Amongst the lands held in various villages the trustees also hold lands at village Althan Taluka Choryashi District Surat of the following description.