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2004(8) Supreme 425
SUPREME COURT OF INDIA
(From Gujarat High Court)
K.G. Balakrishnan and Dr. AR. Lakshmanan, JJ.
Palitana Sugar Mills Pvt. Ltd. & Anr. -Appellants
versus
State of Gujarat & Ors. -Respondents
Civil Appeal Nos. 6798-6799 of 2004
(Arising out of SLP (C) Nos. 8718-8719 of 2004)
With
Contempt Pet. (C) No. 410/2004 in SLP (C) No. 1562/2002
Contempt Pet. (C) No. 411/2004 in C.A.No. 5556/2001
Decided on 15-10-2004
Counsel for the Parties :
For the Appellants : Mukul Rohatgi, Sr. Advocate, P.H. Parekh, E.R. Kumar, Sumit Goel, Ms. Sweety Manchanda, H. Ahmadi, Advocates for M/s. P.H. Parekh & Co., Advocates.
For the Respondents : C.A. Sundaram, Sr. Advocate, Ms. Hemantika Wahi, Ms. Archana P. Khopde, Urmesh Triwedi and Jatin Zaveri, Advocates.
Held : From the above discussion by us and of the record would clearly go to show that the following issues are covered by the earlier proceedings and finally decided by the Courts and reached its finality and which cannot be reopened again:
1) The lands in Survey Nos. 469/1, 470/1, 471/2, 471/3 and 472 aggregating about 952 acres sold in favour of the appellants by the former ruler with the permission of the Collector and registered has become final and conclusive.
2) The lands in question being pasture land (Bid land) and not being fit for cultivation was excluded from the purview of the Gujarat Agricultural Land Ceiling Act, 1960.
3) The Right, Title Entry made in the revenue records in respect of the lands in question in the name of the appellant has become final and conclusive and, therefore, removal of the appellant from any of the Survey Numbers in question is not permissible.
4) The declaration issued by the competent authority and Additional Collector under the ULC Act, in exercise of the power under Section 21(1) of the ULC Act after verifying the title of the appellant in respect of the above survey numbers is final and conclusive.
5) The writ petition filed by the Bhavnagar Municipality for quashing and setting aside the order dated 6.12.1979 granting exemption to the lands and sanctioning the scheme under section 21 of the ULC Act were valid and legal.
6) It is not in dispute that the appellant have raised construction on the lands and the lands have been fully developed, save and except, the lands in Survey No. 469/1.
7) The orders dated 9.11.1979 and 20.11.1979 whereby the Deputy Collector dropped the proceedings filed by the former Ruler under Section 8 of the ALC Act for a declaration that the sale deed dated 31.3.1971 was not effected by him with a view to defeat the ALC Act was rejected by the Tribunal in Revision application by the State Government. In respect of the ALC proceedings, the said order was finally concluded since under the ALC Act no further appeal was preferred by the State Government.
8) This also was not in dispute that pursuant to the cabinet decision of the Gujarat Government, the appellants withdraw all the pending proceedings and, thereafter notices were issued under Rule 108(6) of the Bombay Land Revenue Code seeking to revise the right and title Entry No. 1950 principally contending that the sale deed dated 31.3.1971 was invalid.
On the abovementioned grounds, the mutation entry was sought to be cancelled. The Deputy Collector, Bhavnagar held that the ownership of the land in question was of the appellant and a decision was taken that the revenue mutation No. 1950 as recorded in Village Form No. 6 was legal and valid which was also decided to withdraw the show cause notice dated 27.7.1991 and to drop all the proceedings commenced under the said notice.
9) The Deputy Collector also confirmed the order of the City Mamlatdar dated 16.9.1962. The reservation of Survey No. 469/1 in favour of the Bhavnagar University had lapsed.
10) The High Court, in its judgment, in SCA No. 1032 of 1996 quashed the notice dated 25.1.1996 of the Collector. The High Court observed that it is unfair for the Collector to raise various issues such as illegal sale of bid land, breach of Saurashtra Gharkhed Ordinance, ALC Act etc. which were closed and decided earlier.
11) The issue of ULC Act and ALC Act was concluded by the judgment of the High Court in SCA No. 941 of 1980.
12) No further action can be taken for disturbing the finality of the mutation entry in view of the judgment of the High Court rendered on 24.11.2000 in SCA No. 1032 of 1996 and, therefore, there is no question of disturbing the mutation entry on the strength of the contravention of the provisions of other enactments now.
13) Civil appeal No. 5536 of 2001 preferred by the Municipal Corporation was dismissed as withdrawn. Thus the issue of ULC Act and ALC Act raised in the SCA 941 of 1980 was finally concluded by the said judgment.
14) In the judgment in Bhavnagar University vs. Palitana Sugar Mills Ltd. (supra), this Court decided the dispute between the Bhavnagar University and the appellant with reference to Gujarat Town Planning and Urban Development Act, 1976. The appeal filed by the Bhavnagar University was finally dismissed by this Court.
15) Review petition No. 33 of 2003 was also dismissed by this Court.
Thus it is seen that the various proceedings were initiated again and again by the authorities which have already been concluded by various orders of the Tribunal, the High Court and of this Court. It was fairly conceded by Mr. Sundaram, at the time of arguments, that the matters which are finally concluded and decided by the authorities and by the orders of the High Court and of this Court will not be reopened again and that the matters which have not been raised and decided earlier will alone be persuaded by the respondents. The statement made by Mr. Sundaram is placed on record. (Paras 68 and 69)
In the result, we allow the appeals in part and direct the Collector, Bhavnagar to grant non agricultural permission in respect of the land of about 76 acres 36 guntas comprised in Survey No. 469/1 Bhavnagar District after collecting the non-agricultural tax calculated at the rate of 5 per sq. mt. Applicable at the time when the application was made by the applicant i.e., 24.2.2003 which aggregate to Rs. 15,57,540/-. Dispute, if any, with regard to the tax calculated and the rate has to be agitated separately and collected later. The Commissioner of Bhavnagar Municipal Corporation is directed to consider the application for sanction within four weeks the lay out and building plans as per the current development control rules and pass order in accordance with law. We also direct respondent Nos. 1 & 2 to collect non-agricultural permission charges and conversion charges for the lands bearing Survey No. 470/1, 471/2, 471/3 and 472 situated at village Vadva, Bhavnagar as prevalent in the year 1981. (Paras 73 and 74)
JUDGMENT
Dr. AR. Lakshmanan, J.-Leave granted.
2. The present appeals were filed against the final judgment and order dated 23/26.03.2004 and 02/05.4.2004 passed by the High Court of Gujarat in Misc. Civil Application No. 2340 and 2341 of 2003 and in Special Civil Application No. 1032 of 1996 whereby the High Court dismissed the application filed by the appellants herein.
3. This case has a chequered history. Parties to this action are fighting a legal battle in the Court of law from 1971 onwards and still has not reached the finality of the litigation for one reason or the other.
4. The former Ruler of Bhavnagar was the owner of large extent of lands in the area in question. The subject-matter of this litigation are the lands owned by the former Ruler comprised in survey Nos. 469/1, 470/1, 471/2, 471/3 and 472 Village Vadva aggregating about 952 acres being a Bid Land (a pasture land) was excluded from the purview of Gujarat Agricultural Land Ceiling Act, 1960, (hereinafter referred to as "the ALC Act"). This decision taken by the Collector on 26.03.1971 went through the motion of appeal remand etc. and finally the Gujarat Revenue Tribunal (for short "the GRT") held that the land in question being the bid land was excluded from the purview of the ALC Act and remanded the matter to the Mamlatdar for fixing the ceiling of the other lands of the former Ruler. The review application filed by the State Government was also dismissed by the Tribunal on 15.04.1977. No further appeal was preferred by the State Government against the order of review.
5. The former Ruler executed a registered sale deed in favour of the appellants herein of the lands in the above survey Nos. aggregating about 952 acres. The document was registered by the Collector.
6. In 1976, the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as "the ULC Act") came into force in the State of Gujarat and the land in question being situated within the residential zone in the master plan under the Town Planning Act fell within the definition of vacant land under the ULC Act. On 01.04.1976, the Gujarat Agricultural Land Ceiling (Amendment) Act, 1972 came into force amending the definition of land so as to include the bid land as well within the definition of land. On a clarification sought by the competent authority and the Under Secretary, Revenue Department and the Additional Collector (ULC Act) informed the said authority that in view of the overriding provisions contained in Section 42 of the ULC Act, the land in question would be governed by the ULC Act and requested the said authority to proceed under the said Act. On a further clarification sought by the competent authority and the Additional Collector, the Revenue Department conveyed to the said authority the opinion of legal department of the State Government that the land in question would be governed by the ULC Act and not by the ALC Act. On receipt of a similar communication from the Revenue Department, the Deputy Collector passed orders to drop the proceedings on the application filed by the former Ruler under Section 8 of the ALC Act for a declaration that the sale effected by him vide aforementioned sale deed dated 31.03.1971 had not been done in anticipation of or with a view to defeat the provisions of the ALC Act. Thus by proceedings dated 09.11.1979 of the Deputy Collector, the ALC proceedings were concluded. Thereupon the right and title entry No. 1950 was entered in the revenue records in the name of the appellants in respect of the land in question and the same was certified on 15.11.1979. The said entry was certified finally in view of the earlier notice issued under Section 135(d) of the Bombay Land Revenue Code, 1879 (hereinafter referred to as "the BLR Code") Code and no objections were raised. On 06.12.1979, the competent authority and the Additional Collector, ULC issued a declaration in exercise of power under Section 21(1) of the ULC Act after verifying the title of the appell
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