The main legal point established in the judgment is the requirement to follow the latest Government Resolutions (GR) for charging premium for land conversion, emphasizing the need to adhere to the latest GRs for decision-making.

ORDER :

1. Being aggrieved and dissatisfied with the order dated 09.06.2016 passed by the District Collector, Junagadh in case of 02 of 2016 whereby, he has refused the application preferred by the petitioner to covert the land from new tenure to old tenure on the ground that the petitioner is not ready and willing to pay premium as per the Government Resolution dated 06.06.2003. The petitioner has preferred this petition under Article 226 of the Constitution of India for the following reliefs.

“(A) to issue a writ of certiorari or any other appropriate writ, order or direction, quashing and setting aside the order dated 09.06.2016 passed by the learned District Collector, Junagadh in Case No.2/2016 and thereby pleased to direct the learned District Collector, Junagadh to charge premium to convert the land bearing Survey No.371/p of Junagadh of the petitioner from new tenure to old tenure on the basis of the Jantri value of the land and not as per the value of the land decided by DLVC.

(B) Pending admission, hearing and/or final disposal of this petition, Your Lordships may be pleased to direct the learned District Collector, Jiinagadh, to calculate and decide the premium of the land bearing Survey No.371/p of Junagadh, on the basis of the Jantri value and not as per the value of the land decided by DLVC.

(C) Pending admission, hearing and/or final disposal of this petition, Your Lordships may be pleased to direct the learned District Collector, Junagadh to decide the application forthwith and to convert the land from new tenure to old tenure by charging premium as per the Jantri value of the land declared by the Revenue Department, State of Gujarat vide Notification dated 18.04.2011.

(D) to pass such other and further order/s as may be just and necessary in the circumstances of the case.”

2. The brief facts of the present petition are as under:

2.1. The land bearing survey no.371/paiki admeasuring 8000 square meters situated at Junagadh has been given to the petitioner for industrial purposes of stone crushing work by the Collector Junagadh. The petitioner was using the same since long for such purpose. Thereafter, in July 2014, he preferred an application to the Collector, Junagadh to convert the land from new tenure to old tenure on the basis of the circular of the revenue department dated 16.03.1982 and 11.03.1996 regarding the payment of premium.

2.2. That he was informed by the officer Junagadh City vide letter dated 12.03.2015 that as per the District Land Valuation Committee (hereinafter referred to as “DLVC”) the value of the land was assessed at Rs.12,000/- per square meters and therefore if he is agreeable to pay the premium at that rate then, he may give consent to the Circle Officer within a period of one week. Accordingly, the petitioner by letter dated 11.04.2015 informed the Circle Officer that the DLVC has no authority to decide the value of the land as now the Government has declared the rates (Jantri Value) and accordingly he is ready and willing to pay premium according to jantri value published by the State Government. It is pointed out that before deciding the value of the land at Rs.12,000/- per square meters no hearing was afforded to him either by the DLVC or the Collector and therefore, such value is not binding to him. According to the petitioner he has also pointed out that as per the prevailing jantri value of the land Rs.2000 per square meters and therefore there is no justification in directing for higher rate of premium. On the basis of the value decided by the DLVC. The petitioner has also relied upon the Government Resolution (hereinafter referred to as “GR”) dated 04.07.2008 and has submitted that the land is required to be converted to new tenure land from old tenure land by charging premium on the basis of jantri value he has also relied upon the another GR dated 03.05.2011. Learned District Collector ultimately rejected the application vide order dated 22.07.2015.

2.3. The said order of the Collec