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2004 Supreme(Guj) 11

Gujarat High Court
Judgename :J.N.PATEL
YOGENDRA JIKRUT MISHRA - Appellant
Versus
DISTRICT DEVELOPMENT OFFICER - Respondent
S.C.A 10419 of 2003
Decided On : 01/16/2004

Advocates Appeared: K.R.KOSHTI, M.R.MENGDEY, SEJAL K.MANDAVIA

Headnote:

Gujarat Industrial Development Act, 1962 – Section 16 – Government Resolution – Notified area – Order of issuance of Recovery Certificates – Labour Court passed an order of issuance of Recovery Certificates in pursuance of judgment and in Recovery Application and judgment and order in Payment of Wages Application whereby amounts respectively are to be recovered from Archana Dying and Printing Mills Pvt. Ltd. and Shri Sai Ashish Dyeing and Printing Mills Pvt. Limited respectively, and both Companies – On the authority of issuance of recovery certificates by the Labour Court for recovery of aforesaid amounts – However, it is case of respondent No. 3 District Collector that since the area is falling within the limits of District Panchayat – If an area is declared as "notified area" otherwise falling within the limits of a Grampanchayat, would it continue to be under the revenue jurisdiction of the District Panchayat for the purpose of recovery of land revenue or not – Held, workmen, who are awaiting the execution of the Recovery Certificate cannot be allowed to starve until any special delegation of power is made by the State Government for the purpose of revenue recovery from notified area – Absence of any special power being assigned or delegated to any authority for revenue recovery in the notified area, it is reasonable to hold otherwise also that the power for revenue recovery shall continue to operate if in urban area with Collector and if in the Panchayat area with the District Development Officer, irrespective of the fact that whether such area or part thereof is declared as industrial area or notified area under section 16 of the GIDC Act or not – Area is falling within the limits of District Development Officer for the purpose of Revenue Recovery, the respondent No. 1 District Development Officer, District, is directed to execute the aforesaid two Recovery Certificates issued by the Labour Court which are at Annexure b in both the petitions for the recovery of the amounts mentioned therein with other consequential amounts, and he shall initiate and complete the recovery as early as possible, preferably within a period of three months from date of receipt of this order – Directions issued – Order accordingly. (Paras 8 and 9)

J. N. PATEL, J.

( 1 ) LEAVE to delete respondent No. 2 since the main relief pertains to execution of the Recovery Certificate.

( 2 ) RULE. Mr. M. R. Mengdey, learned Assistant Government Pleader and Ms. Mandavia waives service of rule for respondents No. 1 and 3 respectively.

( 3 ) THE only question that arise for consideration in these petitions is, if an area is declared as "notified area" otherwise falling within the limits of a Grampanchayat, would it continue to be under the revenue jurisdiction of the District Panchayat for the purpose of recovery of land revenue or not?

( 4 ) SHORT facts of the case are that the Labour Court, Surat, has passed an order of issuance of Recovery Certificates dated 18. 9. 1999 and 25. 9. 2000, which are at Annexure b to the petition, in pursuance of the judgment and order dated 2. 7. 1999 in Recovery Application No. 71/98 and judgment and order dated 22. 03. 2000 in Payment of Wages Application No. 66 of 1999 whereby amounts of Rs. 35,659/_ and Rs. 46808/_ respectively are to be recovered from Archana Dying and Printing Mills Pvt. Ltd. and Shri Sai Ashish Dyeing and Printing Mills Pvt. Limited respectively, and both Companies are situated at GIDC, Sachin, Surat. There is also no dispute on the authority of issuance of recovery certificates by the Labour Court for recovery of the aforesaid amounts. However, it is the case of the respondent No. 3 District Collector that since the area is falling within the limits of District Panchayat, the District Development Officer is the competent authority to execute the Recovery Certificates whereas the case of the District Development Officer is that since the area is declared as industrial area or notified area as per section 16 of the Gujarat Industrial Development Act, 1962 [hereinafter referred to as the GIDC Act], it would stand converted as urban area and the Collector will be the competent authority to recover the amount. Learned counsel appearing for the respondents No. 1 and 3 have both relied upon Government Resolution dated 11. 12. 2001, copy whereof is produced at page 36 of the complication of SCA No. 10419/03. The fact remains that for one reason on the part of the DDO and for the other reason on the part of the Collector, the amounts as ordered by the Labour Court for recovery as the arrears of land revenue are not recovered, and, therefore, the petitioners-workmen have preferred these petitions.

( 5 ) THE perusal of the Government Resolution dated 11. 12. 2001 makes it abundantly clear, and there is no dispute on the point, that if the area is falling within urban area, it would be falling within the jurisdiction of the Collector to recover the amount, and if the area is falling within the Panchayat area, it will be the District Development Officer or T. D. O. as the case may be, who will have power to recover the amount as per the certificate issued by the Labour Court as arrears of land revenue. However, the contention raised on behalf of the respondent No. 1 by Ms. Manadavia is that once the area is declared as industrial area or notified area under the provisions of the GIDC Act, though it may be forming part of a Gram Panchayat or Panchayat area, it would stand convered as an urban area, and, therefore, the District Development Officer will cease to have the authority, and it would fall within the power and jurisdiction of the District Collector since for urban area, the jurisdiction and authority is with the Collector.

( 6 ) THE scrutiny of the said contention shows that as per the provisions of the GIDC Act, any area may be declared as notified area as per provisions of section 16 of the GIDC Act, which reads as under:-"16. Notification of any industrial area as notified area under Gujarat Municipalities Act. Notwithstanding anything contained in the provisions for the time being in force relating to notified areas in the Gujarat Municipalities Act, 1963 (Guj. XXXIV of 1964) the State Government may, by notification in the Officia







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