IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
Bela M. Trivedi, J.
Dharasana Group Co-Op. Salt Producers and Sale Society Ltd. and Ors. - Appellants
Vs.
Union of India and Ors. - Respondent
R/Special Civil Application Nos. 12819 and 12820 of 2014
Decided On : 29-07-2019
Constitution of India, Article 265 and Article 300A – Order or direction, directing the respondent that the said lease deed is void ab initio and the respondents be restrained by an order of this Hon'ble Court from acting upon the said lease be issued – To issue a writ of mandamus or any other appropriate writ, order or direction, restraining the respondents from demanding any levy or rent or its arrears from the petitioners – Held, Petitions involving highly disputed questions of facts, seeking prayers of civil nature and suffering from the vice of delay, laches, acquiescence and estoppel could not be entertained under Article 226 of the Constitution. From the conduct of the petitioners, it clearly transpires that the legality and validity of the said lease deeds have been challenged – Petitioners under the guise of challenging the legality and validity of the lease deeds executed by them in the year 1996 have indirectly attempted to thwart the recovery proceedings initiated by the respondents against them by issuing the impugned notices. Hence, also the petitions do not deserve any further consideration – Petition dismissed (Para 17, 18)
Facts of the case:
Order or direction, directing the respondent that the said lease deed is void ab initio and the respondents be restrained by an order of this Hon'ble Court from acting upon the said lease be issued – To issue a writ of mandamus or any other appropriate writ, order or direction, restraining the respondents from demanding any levy or rent or its arrears from the petitioners
Findings of the court:
Petitions involving highly disputed questions of facts, seeking prayers of civil nature and suffering from the vice of delay, laches, acquiescence and estoppel could not be entertained under Article 226 of the Constitution. From the conduct of the petitioners, it clearly transpires that the legality and validity of the said lease deeds have been challenged – Petitioners under the guise of challenging the legality and validity of the lease deeds executed by them in the year 1996 have indirectly attempted to thwart the recovery proceedings initiated by the respondents against them by issuing the impugned notices. Hence, also the petitions do not deserve any further consideration.
Result: Petition dismissed
JUDGMENT :
Bela M. Trivedi, J.
1. Both the petitions, involving similar questions of law and facts, were heard together with the consent of the learned Advocates for the parties and this common order is being passed.
2. The petitioners in both the petitions have prayed for the following main reliefs:-
(b) to issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondent that the said lease deed dated 31st August, 1996 is void ab initio and the respondents be restrained by an order of this Hon'ble Court from acting upon the said lease be issued;
(c) to issue a writ of mandamus or any other appropriate writ, order or direction, restraining the respondents from demanding any levy or rent or its arrears from the petitioners;
(d) to issue a writ of mandamus or any other appropriate writ, order or direction, restraining the respondents in any manner disturbing the possession of the petitioners and its members and restraining respondents from in any manner disturbing the cultivation of salt by the petitioner and its members and sale of the salt;
(e) without prejudice to the above, respondents be restrained from terminating the lease and directing them to renew the lease in accordance with terms of the lease deed at Exhibit "A" dated 31st August, 1996;
(f) to issue a writ of mandamus or any other appropriate writ, order or direction restraining the respondents from issuing any commercial tender in respect of the said plots of land in possession of the petitioner and its members."
3. The broad facts as emerging from the petitions are that the petitioners are the registered Cooperative Societies and their members are engaged in the production of salt, who are known as "Agariyas". According to the petitioners, the forefathers of their members were the owners and in possession of their respective salt lands from the time immemorial, and the they having inherited the said lands from their forefathers, they had become the owners of their respective plots. However, taking undue advantage of their illiteracy and ignorance of law, the then Salt Commissioner pressurized the members of the petitioners Societies to execute the lease deeds with the Central Government for manufacturing the salt. They were threatened that they would not be allowed to manufacture salt if they did not execute the lease deeds with the Central Government, and therefore, the petitioners entered into the lease deeds in 1974 for a period of 20 years up to 1994. Under the said lease agreements, the Salt Commissioner imposed ground rent and assignment fees on the production of salt. Thus, according to the petitioners, the Government of India, without any authority of law, converted the members of the petitioner Societies from the owners to the lessees in respect of the said lands, and levied illegal assignment fees and ground rent. The petitioners were also forced to execute subsequent lease deeds on 31.8.1996 for the period from 1.10.1994 to 30.9.2014 (Annexure-A), which were illegal and void ab initio. According to them, during the tenure of the said lease deeds, the respondents had unilaterally increased the ground rent and the assignment fees in the year 2004 and 2013 and issued the impugned notices at Annexures-"B", "C" and "E" respectively. Hence, the petitions have been filed.
4. The affidavit-in-reply has been filed on behalf of the respondents, wherein it has been contended inter alia that the lease deeds dated 31.8.1996 were entered into by the petitioners on their own free will and understanding. During the period when the lease deeds were in force and operation, the petitioners did not raise any dispute with regard to their ownership rights, and it was only when the lease period is expiring, such dispute
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