2003 Supreme(Guj) 278
Gujarat High Court
Judgename :KUNDAN SINGH
UNITED SAL LWORKS and INDUSTRIES LTD - Appellant
Versus
STATE - Respondent
S.C.A. 5180 of 1994
Decided On : 05/09/2003
Headnote:
Petitioner has sought for quashing and setting aside the orders bearing Nos. LW/pl/1714-VII/908 to 912 all dated 1-7-1994 passed by the respondent Kandla Port Trust. Whereby lease of plots commenced on 10-4-1974 have been cancelled and determined with effect from 9-4-1995 while in Spl. C. A. No. 5180 of 1994, petitioner has sought for quashing and aside the orders of the Collector dated 10-3-1994 wherein lease of agreement extended on 19-3-1976 have been revoked and the application dated 29-10-1994 of the petitioner has been rejected and that of the Secretary (Appeals) dated 4-4-1994 and for a direction to the respondents to extend the lease for further 20 years and also for a directions to the respondents no. 1 and 2; State of Gujarat and the Collector, Kutch respectively to renew the lease of the land in question for further period of 20 years on the same terms and conditions and also for restraining the respondents no. 1 and 2, their servants, agents, contractors etc. not to dispossess the petitioner from the land in question or otherwise interfere with the possession and enjoyment of petitioners suit land except by following due process of law – Held, Petitioner was resumed by the State Government on 22-3-1994 and said land has been allotted to respondent no. 4 on 18-3-1994 and the possession of the said land was also given to respondent no. 4. This Court granted status-quo vide order dated 6-4-1994 but after hearing both the parties ad-interim order was vacated vide order dated 6-4-1994 as the petitioner is not holding lease of land in its favour. As the possession of the land was given to the respondent no. 4 who has started manufacturing work of salt and is carrying on its business thereon since 1994 – Even it would be very difficult for this Court to direct the respondent the State Government to cancel allotment of the land made in favour of the respondent no. 4 who has invested huge amount in the establishment of the unit and reallot the same or particular portion of the land to the petitioner who has no lease and licence for manufacturing salt since 1994 under guise of rehabilitation and revival of the petitioners unit and the respondent no. 4 be made to suffer irreparable loss for its no fault and it is impossible, in facts and circumstances of this petition to set aside the allotment of the land made in favour of the respondent no. 4 and to dispossess the respondent no. 4 from the land in dispute and to reallot same to petitioner. In the present case, the petitioner is not having any licence since 1994 and petitioners unit is not in operation. In facts and circumstances of the case and considering the submissions made by the learned counsel for the parties as well as the material on record, this petition also deserves to be dismissed (Para 16)
( 1 ) IN both these petitions filed by one and the same petitioner, and identical and similar questions are involved and hence these petitions are being disposed of by this common judgment.
( 2 ) BY means of Spl. C. A. No. 2792 of 1995, the petitioner has sought for quashing and setting aside the orders bearing Nos. LW/pl/1714-VII/908 to 912 all dated 1-7-1994 passed by the respondent Kandla Port Trust. Whereby lease of plots commenced on 10-4-1974 have been cancelled and determined with effect from 9-4-1995 while in Spl. C. A. No. 5180 of 1994, the petitioner has sought for quashing and aside the orders of the Collector dated 10-3-1994 wherein lease of agreement extended on 19-3-1976 have been revoked and the application dated 29-10-1994 of the petitioner has been rejected and that of the Secretary (Appeals) dated 4-4-1994 and for a direction to the respondents to extend the lease for further 20 years and also for a directions to the respondents no. 1 and 2; State of Gujarat and the Collector, Kutch respectively to renew the lease of the land in question for further period of 20 years on the same terms and conditions and also for restraining the respondents no. 1 and 2, their servants, agents, contractors etc. not to dispossess the petitioner from the land in question or otherwise interfere with the possession and enjoyment of the petitioners suit land except by following due process of law.
( 3 ) IN Spl. C. A. No. 2792 of 1995, it is alleged that the petitioner is one of the oldest salt works in the country with a glorious history. It is the first public limited company in the erstwhile State of Kutch. The petitioners firm was granted lease of 560 Acres of land on 1o-4-1934 by the then State of Kutch. After making development Production of salt started in the year 1941. Even during the period of second world war, the petitioner was successful in producing High Class fine white salt. Lease of additional land was also granted to the petitioner in the year 1948 and thus the petitioner had total area of about 1400 Acres of land. Development of Kandla was to be undertaken by disturbing the works in question. Production of salt by the petitioner was increased in the year 1948-49 and hence additional land admeasuring 1385 acres was also given to the petitioner by Kandla Port Trust. Thus, the petitioner Company has 2708 Acres of land for producing the salt. Amenities for the employees were also provided. The quarters were also provided for the contract, seasonal and casual labourers. The petitioner company installed 12 storage tanks at different sites for providing potable water to the employees. Thus, the petitioner company has given substantial facilities i. e. primary schools, dispensary, recreation and sports to the persons/employees concerned by making development. The petitioner company also erected rail network and was running locomotives for internal transfer of salt. Due to natural calamities, the production of salt was reduced. The petitioner was one of the largest exporters of salt to many countries including Japan and the quality of salt manufactured in Kandla was adjudged to be containing greater percentage of Nacl, due to the locational advantage and natural reasons. The petitioner company required additional land. Additional storage capacity was required to store the sea water so as to increase the salinity by evaporation of the water contents, as the vacant lands were available from the respondent no. 1 which were adjoining to the original piece of land, leased out to the company by the Maharao of Kutch and then the same was renewed by the Government of Gujarat, the petitioner company took the same land on lease in the decade of 1950s and the lease deeds were executed in the year 1963. Details of land area and lease are given as under :a. Area of land : Acres 38850. Date of possession by the petitioner company 9. 2. 1953 for the period, 9-2-1953 to 9-4-1974. B. Area of land : Acres 25. 574 Date of po