Unjust and improper vesting of land in the State Government, based on unproven allegations and unreasoned orders, is in violation of the principles of natural justice and contrary to the policy of rehabilitating refugees.

JUDGMENT :

This Court, vide common oral judgment dated 10.10.2022, has disposed of writ petitions being Special Civil Application nos.2908 of 2014 and allied matters. The group of captioned writ petitions being identical, barring date of the orders passed by the revenue authorities, are also being disposed of by this common order.

2. Issue rule, returnable forthwith. Mr J.K. Shah, learned Assistant Government Pleader waives service of notice of rule on behalf of the respondents.

3. By these petitions, inter alia, under Article 226 of the Constitution of India, the petitioners, are seeking quashing and setting aside of the order dated 28.7.2014 passed by the Deputy Collector, Tharad as well as order dated 5.3.2016 passed by the Collector, Banaskantha at Palanpur whereby, the order of the Deputy Collector, directing vesting of the land in the State Government, has been confirmed.

4. Tersely stated are the facts as culled out from the lead matter being Special Civil Application no.7557 of 2016; except the villages and survey numbers, the facts involved in rest of the petitions are almost identical.

4.1. The ancestors of the petitioners were refugees and were allotted land situated at survey no.96 paiki at village Bambhansar, taluka Rapar, district Kachchh. Since the land was infertile, the ancestor of the petitioners (hereinafter referred to as “the allottee or the petitioners, wherever the context warrants”) did not take possession and requested the concerned authorities to allot the land at some other place. The petitioners were unable to find appropriate occupation in Rapar taluka, district Kachchh and shifted to village Tharad, district Banaskantha, where, the allottees were allotted the land in Santhani of survey no.23/1B/p for the purpose of rehabilitation, vide order dated 28.04.1988 (hereinafter referred to as “the land in question”). Since then, the allottees were residing at Tharad and have been cultivating the land in question.

4.2. Apropos the inquiry, the District Collector, Kachchh, passed an order dated 13.11.2013, directing restoration of the possession of the land, which was allotted at village Bambhansar, taluka Rapar, district Kachchh and the State Government so also, the Mamlatdar were directed to take possession. To the shock and surprise of the petitioners, a notice came to be issued under section 79A of the Gujarat Land Revenue Code, 1879 (hereinafter referred to as the “Code”), requiring the petitioners to vacate the land in question at Tharad, district Banaskantha.

4.3. The petitioners appeared and pointed out that the land in question is the only source of livelihood of the petitioners which has been in their possession since last more than 27 years. The petitioners also pointed out that they have no interest in the land allotted at district Kachchh and urged that considering the condition of the petitioners, the proceedings under Section 79A of the Code, may be dropped, more particularly, in absence of any breach of conditions on their part. The Assistant Collector disregarding the request, passed an order dated 30.5.2012 as he was of the opinion that the petitioners were obliged to hand over the possession of the land at district Kachchh; however, they failed to do. Also, the land has been sold and therefore, the conditions enumerated in the allotment order of the year 1988 passed by the Collector, Tharad, have been breached. The Assistant Collector concluded that the petitioners have not got the land cancelled and availed of the benefits at two places and therefore, directed vesting of the land in the State Government.

4.4. Being aggrieved, an appeal was preferred before the Collector who, passed an order dated 8.5.2014 allowing the appeal and the matter was remanded to the Deputy Collector to decide it afresh. As a result whereof, the Deputy Collector, passed an order dated 28.7.2014 which, was challenged in appeal before the Collector who, passed an order dated 5.3.2016. Hence, the present writ petitions.

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