2001 Supreme(Guj) 260

Gujarat High Court
Judgename :B.C.PATEL, D.A.MEHTA
UDAYKUMAR H.DAVE - Appellant
Versus
STATE - Respondent
S.C.A. 6894 of 1999
Decided On : 04/23/2001

Headnote:

Land Acquisition act - Section 31 - Abolition Act, 1951 - Section 5 - Agricultural Land Ceiling Act - Section 3(d) - public Trust Act - Section 22,19, 18 (5 ) - Court by filing this Public Interest litigation - Petitioner has stated that the case pertains to three parcels of land situated near of District Bhavnagar - It appears that due to development of Along the land in the surrounding areas has become very valuable and in relation to three plots of land approximately and odd have been awarded by Land Acquisition Officer as compensation while the claim is for larger amount - Reference under Sec. of the Land Acquisition act is pending before the District Court being Land Reference and by order dated Court has directed that the amount shall not be withdrawn by respondent Nos. - Court be pleased to issue a Writ of Mandamus or a writ in the nature of mandamus or any other appropriate writ. Direction or order, declaring that the lands bearing Survey Nos. 14, 15 and 16 are belonging to the Temple - Trust and the amount of compensation deposited before the District Court at in land Reference - Record that this assessment was originally levied at the rate of one anna since S. Y. and the aforesaid orders merely recognised From the copies of the orders of assessment which have been produced at Annexure to the petition it is seen that while determining the assessment at the rate of one order also provided that to ensure proper use and disbursement of the proceeds from the said lands the and were directed to look after the proper administration and management of the said properties - The said two officials as described in the then State of Bhavnagar were holding ranks equivalent to the present day District Collector and District Superintendent of Police - Properties in question were charitable and/or religious properties is also supported by the accounts for S. Y. and produced along with the petition - Held, lands in question were public trust properties the same having been acquired for the public purpose, the compensation should go only to the temple or should be forfeited by the Government. [ii] Respondent Nos. had no title to the land in question which would enable them to apply under Sec. of the B. P. T. Act. [iii] The Assistant Charity Commissioner, in aforesaid circumstances, could not have entertained the application under either on facts or in law - Lands in question were exempted under the Agricultural Lands Ceiling act and the effect of declaration made by late have not been taken into consideration by authority while dealing with application under - Original grant made by the then State of Bhavnagar has been ignored without any valid reason occupancy certificate under the Abolition Act specifically described the lands - We hold that the petitioner has locus and the petition involves public interest and is maintainable - We therefore allow this petition and direct that the amount of compensation deposited before the District Court at in Land Reference pending before the District Court be forfeited to the Government - we have held that the entire exercise commencing from application, subsequent inquiry and the consequential order under Sec. 22a of the B. P. T. Act are bad in law all the subsequent/consequential proceedings shall be treated as bad in law and the subsequent orders passed by the Joint charity Commissioner, District Court are quashed and set aside, and the consequential Civil Appeal before this Court has become infructuou - We further direct that all other related proceedings before any Forum in relation to the described lands except the Land Reference No. 20 of 1998 shall be treated as infructuous and be disposed of accordingly by the respective Forum. Rule made absolute. We further direct that respondent Nos. 7 to 18 shall pay by way of costs Rs. 1,000. 00 each and the said amount shall be paid into the Chief ministers Relief Fund and the respondents shall produce the proof of the same before the Registrar, High Court of Gujarat within a period of four weeks from the date of this order - Ordered Accordingly.