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1999 Supreme(Guj) 569

Gujarat High Court
Judgename :M.R.CALLA
BHIKHABHAI MAGANBHAI PATEL - Appellant
Versus
STATE - Respondent
S.C.A. 7286 of 1998
Decided On : 10/21/1999

Advocates Appeared: A.J.PATEL, UMESH TRIVEDI

Headnote:Bombay Tenancy and Agricultural Lands Act, 1948 (Bom. 67 of 1948) - Bombay Tenancy and Agricultural Lands (B.R.T. Procedure) Rules, 1958 - Rule 34(A) - Conversion of land - Premium fixed by Collector deposited on 21.2.1992 - Deputy Town Planner pointed out rate of valuation - Case re-opened in 1996 - On 10.2.1997 Collector cancelled the order of 21.2.1992 and asked to pay difference of premium fixed at present market rate - Revision filed in Gujarat Revenue Tribunal - Judgment of Tribunal not communicated to revisionist petitioner - Valuation done as per direction of Tribunal - On 24.8.1998 petitioner was asked to pay the new premium - Explaining delay order of Revenue Tribunal challenged on 4.9.1998 - Held, Valuation Committee wrongly referred the Resolution of Government dated 15.1.1998 - Direction of Tribunal on rates and standing instructions of Government prevalent on 21.2.1992 should have been considered - Not of year 1998 - No document relied on is placed - Order of 24.8.1998 quashed and set aside - Respondent directed to consider valuation again as per market rate prevailing in February 1992.

       The respondents committed an error in placing reliance on Government Resolution dated 15th January, 1998 issued by the Revenue Department before the Valuation Committee so as to fix the price at Rs. 550/- per sq. mtr. instead of a rate in proximity with Rs. 125/- per sq. mtr. from that of Rs. 38/- per sq. mtr. as was valued on much lower side in the year 1992 as if the Government Resolution dated 15th January, 1998 was retrospectively applicable from 1992.

       [Para 3]

       This Special Civil Application is partly allowed. The impugned order dated 24th August, 1998 at Annexure N passed by the Collector, Mehsana is hereby quashed and set aside and the respondents are directed to consider the question of valuation again as per the market rate which was prevailing in February, 1992 with regard to the adjacent land and any other relevant factors as may have been obtaining in 1992.

       [Para 4]

M. R. CALLA, J.

( 1 ) THE petitioners claiming to be owners of the land bearing Survey No. 1626 admeasuring 63. 03 sq. mtrs. at Mehsana, moved an application before the Collector, Mehsana in the year 1990 for the purpose of converting the said land from new tenure to old tenure land under the provisions of the Bombay Tenancy and Agricultural Lands Act, 1948, which will be hereinafter referred to as the Tenancy Act. The Mamlatdar and Agricultural Lands Tribunal at Mehsana required the petitioners to be present before him on 22/07/1991 in the matter of inquiry required to be held by him to enable him to submit a report to the Collector for fixing the amount of premium in respect of the land in dispute. On the basis of the report made by the Mamlatdar and Agricultural Lands Tribunal, Mehsana, after holding the inquiry, the Collector, Mehsana, made an order on 13th January 1992 fixing the amount of Rs. 1,67,506. 50 as the amount of premium (Nazrana) in respect of the land in question. The petitioners then made an application to the Collector, Mehsana pointing out to him that since a portion of the land is vacant for the purpose of widening Ahmedabad-Delhi Highway, the total area of the land of the petitioners stood reduced from 1 acre 22 gunthas to 5342 sq. mtrs. and therefore, the amount of premium fixed earlier by the Collector, Mehsana would stand reduced proportionately to that of Rs. 1,39,018. 00 only. The amount of premium was, therefore, required to be fixed afresh. It is the further say of the petitioners that in view of this application, the Collector, Mehsana made an order dated 4. 2. 1992 directing the petitioners to deposit the amount of Rs. 1,39,018. 00 being the amount of premium (Nazrana) in respect of the land of the petitioners. The petitioners deposited amount of premium in the Government Treasury on 21. 2. 1992 by a challan and a true copy of this challan has been placed on record as Annexure. E. The petitioners say is that on depositing the said amount, the title of the petitioners land became clear and the land stood converted from new tenure to old tenure. After a lapse of about four years and one month, the Prant Officer, re-opened the chapter which was closed long back by issuing the notice dated 4/03/1996 calling upon the petitioners to remain present before him on 11/03/1996. This notice dated 1 1/03/1996 was followed by notices dated 25/03/1996 and 5th December 1996. The statement of the petitioner no. 1 was recorded by the Prant Officer, Mehsana on 9th December 1996 in the proceedings before him. Thereafter, nothing was heard either from the Prant Officer or the Collector with regard to these proceedings till 10/02/1997. The Collector, Mehsana, made an order dated 10th February 1997 cancelling the earlier order dated 21. 2. 1992 whereby the amount of premium of the land of the petitioners was fixed by the Collector and a copy of this order has been placed on record as Annexure. K. In this order, it has been observed that the petitioners were not ready and willing to pay the premium which may be fixed by the Collector on the basis of the present market value of the land. Aggrieved from this order dated 10/02/1997 passed by the Collector, Mehsana, the petitioners preferred Revision Application No. 55 of 1997 before the Secretary (Appeals), Revenue Department, Govt. of Gujarat, and the Secretary, by his communication dated 2 7/06/1997 returned the revision application to the petitioners for presentation before the proper forum on the ground that he had no jurisdiction to entertain such revision application and that the Gujarat Revenue Tribunal was the forum competent to entertain such revision application. A copy of this communication dated 27/06/1997 has been placed on record as Annexure. L with the petition. Thereafter, the petitioners filed Revision Application No. TEN/b. A. /341 of 1997 before the Gujarat Revenue Tribunal. The Tribunal by its order dated 5. 1. 1998 partly allowed the said revision appli









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