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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
A.P. THAKER, J.
Keshubhai Maganbhai Prajapati & 34 others – Appellants
Versus
Secretary (Appeals) & 20 others – Respondents
R/Special Civil Application No. 15564 of 2015 With R/Special Civil Application No. 15615 of 2015
Decided on : 05-04-2022
NA Permission - Land Dispute - The Gujarat Land Revenue Code - [DP/LNP/Case/Reg.No.38/2008-09, 09-01-2009] - The court discussed the legality of the NA permission granted for the lands of Survey Nos. 19 paiki 1 and 2, admeasuring 17402 sq.mtrs. and the subsequent cancellation of the permission. The court highlighted the failure to update revenue records, the absence of objections during the permission process, and the lack of possession transfer to the government as key factors influencing the decision.
Fact of the Case:
The petitioners challenged the cancellation of NA permission granted for certain lands. The court considered the history of land transactions, the failure to update revenue records, and the absence of objections during the permission process.
Finding of the Court:
The court found that the government's purchase of a portion of the land was not reflected in revenue records, and there was no actual transfer of possession. The court also noted that the NA permission was granted after due process and that the government's action was not within a reasonable period of time.
Issues: The issues revolved around the legality of the NA permission, the failure to update revenue records, and the absence of possession transfer to the government.
Ratio Decidendi: The court held that the petitioners were bona fide purchasers without notice and that the government's actions were not within a reasonable period of time. The court also emphasized the lack of possession transfer and the absence of objections during the permission process.
Final Decision: The court quashed the impugned order and restored the NA permission for the lands in question.
JUDGMENT :
1. Both these petitions are filed against impugned order No.MVV/Hbakhap/Sue/Bhavan/13/2013 dated 31.8.2015 whereby NA Permission granted vide order bearing No.DP/LNP/Case/Reg.No.38/2008-09 dated 9.1.2009 in respect of the lands of Survey Nos.19 paiki 1 and 2, admeasuring 17402 sq.mtrs. is cancelled.
2. As per the facts of Special Civil Application No.15615 of 2015, the petitioner-respondent no.5 of Special Civil Application No.15564 of 2015 had purchased the land bearing survey No.19 admeasuring about 4 Acres and 8 Gunthas from heirs of Jaga Vasram, by a registered sale deed dated 9/8/2007 and 30/7/2007. That the public notice too was published in the Daily Saurastra Samachar a widely circulated daily of Bhavnagar in its 20/7/2007 edition. As no objection are received, the title of the sellers were deemed to be clear and than only the said sales deeds were executed.
2.1 The petitioner states that, thereafter, by application dated 22/11/2007 requested District Panchayat, Bhavnagar to convert the said land for non agricultural purpose. The District Development officer after following the prescribed procedure and after obtaining No Objection certificate from the Collector dated 6-11-2008 and various other No Objection certificate as such from the Taluka Development officer dated 16/5/2008, Village Virpur (Pali Gram Panchayat) dated 18/3/2008 District Health Officer, Bhavnagar dated 3/1/2008 R.O. Branch, District Collector Bhavnagar of dated 30/01/2008, Executive Engineer (R and B) Bhavnagar of dated 10/3/2008, District inspector of land record Bhavnagar of dated 13/02/20008, Mamlatdar Taluka Palitana Dated 12/02/2008, Executive Engineer District Panchayat, Bhavnagar dated 14/02/2008, and after such inquiry and proceedings the N/A. permission was granted on 09/01/2009 by District Development officer at Bhavnagar. N.A. Permission along with the map granted by DDO Bhavnagar. In all the land was sub plotted into 67 residential plots. It is submitted about 47 plots have been sold by the deponent and on many of the plots the houses has been constructed and again some plots have changed ownership.
2.2 So far as petitioners of Special Civil Application No.15564 of 2015 are concerned, they have filed present petition with a prayer to quash and set aside order No.MVV/Hbakhap/Sue/Bhavan/13/2013 dated 31.8.2015 filed before respondent No. 1 by the respondents Nos. 2, 3, in terms whereof the order, bearing No. DP/LNP Case/Reg. No. 38/2008-09, dated 09-01- 2009, passed by the respondent No. 2, granting N. A permission in respect of the lands of Survey Nos. 19 paiki 1 and 2 paiki, admeasuring 17402 sq. mt, Mouje Virpur [Pali], Taluka Palitana, District Bhavnagar, has been cancelled, by allowing the proposal vide the letter, No. D.P./Rev/1/L.N.P./Vashi/509, dated 17-08-2013, as being exfacie illegal, improper, inequitable, unjust, arbitrary, ex facie erroneous, suffering from the vice of material irregularity in the exercise of jurisdiction.
2.3 As per the facts of Special Civil Application No.15564 of 2015, it transpires that an order bearing No. DP/LNP Case/Reg. No. 38/2008-09, dated 09-01-2009, was passed by respondent No. 2, granting N. A. permission in respect of the lands of Survey Nos. 19 paiki 1 and 2 paiki, admeasuring 17402 sq. mt. in favour of Tulshibhai Padmabhai Italia-petitioner of Special Civil Application No.15615 of 2015, who had purchased two thirds of the said lands from the heirs of the original holder deceased Jaga Vashram of Village Virpur [Pali], Taluka-Palitana, District Bhavnagar, by two different sale deeds, bearing Reg. Nos. 1351, dated 30-07-2007 and No. 1386, dated 09-08-2007.
2.4 The petitioners have purchased different plots from the respondent No. 5 (petitioner of Special Civil Application No.15615 of 2015) or from his constituted attorney. The said sales have taken during the period ranging from January, 2009 to 2011. Thus, the same took place much prior to the initiation of the proceedings before the respon
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