Repeated breaches of lease conditions and lack of justification for challenging orders after a delay of more than five years

ORDER :

1. By way of this petition, the petitioners have challenged the order dated 02.07.2018 passed by the Special Secretary, Revenue Department in Revision Application No. JMN/GIR/8 of 2018 as well as the order dated 29.08.2017 passed by the Collector, Gir Somnath in Case No. Land/2/C/1716 of 2017.

2. In nutshell, the petitioners were given the land for cultivation of trees on lease and as the petitioners failed to trees plantation on the land for breach of conditions were undertaken and as the petitioners failed to plant the trees as per the conditions of allotment, the proceedings for breach of conditions were initiated and ultimately as it was found that the petitioners have not acted in accordance with the conditions, vide order dated 30.08.2017, the Collector, Gir Somnath passed an order under section 79 A and vested the land into Government. Vide order dated 30.08.2017 which was challenged by way of Revision Application No. JMN/GIR/8/2018 and since, the Revision Application also was rejected vide order dated 02.07.2018, the petitioner has preferred this petition after delay of five years.

3. Heard learned advocate Mr. Kinkhabwala with learned advocate Mr. Snehal Nayak for the petitioners and learned AGP Mr. Nikunj Kanara for the respondent – State.

4. It is the case of the petitioners that the petitioner was allotted the land bearing Survey No. 327 paiki admeasuring 1-00-00 Heactre Are Sq. Mtrs. Sitauted at Village: Thordi, Taluka: Veraval and District : Gir Somath for the purpose of plantation of trees and fruits for a period of 15 years vide order dated 20.08.1988. In the order it was noticed by the authority that instead of utilizing the land for the purpose for which it was allotted the petitioner is selling stones from subject matter and therefore, vide order dated 16.09.1996, the lease was terminated and land was vested into Government. Against that order dated 16.09.1996, the petitioner preferred an appeal before the Collector, Gir Somnath being Appeal No. 31 of 1997 which was rejected vide order dated 30.10.1999. Against which the petitioner preferred a Revision Application No. MVV/JMN/JND/20 of 2000 before the Secretary, Revenue Department. The said Revision Application was partly allowed vide order dated 06.05.2011 and the matter was remanded back to the Collector, Junagadh. The remand proceedings were numbered as land/4/Remand/Case No. 5/10-11 and the Collector, Junagadh vide order dated 30.12.2011 regularized the lease period of 15 years as it was expired on 19.08.2003 and extended the period of lease for further five years with a condition that on this time, the petitioners shall have to plant the trees as per the original condition within one year.

4.1. Upon expiry of the extended period of lease, the petitioners preferred an application for renewal of lease on 16.12.2016 and upon verification by the Deputy Collector, Veraval and Mamlatdar, Sutrapada, it was found that the petitioners had planted only 725 trees/plants on the land in question and in the remaining land has cultivated sugarcane which was not as per the condition of order of lease and therefore, the proceedings for breach of conditions were once again initiated against the petitioners. In those proceedings being No. land/2/C/1716/2017, the Collector, Gir Somnath vide order dated 30.08.2017 held that the conditions of lease is breached by the petitioners and hence, in the proceedings under section 79 A, he once again passed an order directing the land to be vested into Government. The petitioners challenged the aforesaid order by way of Revision Application No. JMN/GIR/8/2018 before Special Secretary (Appeals). However, even in the Revision Application also the Special Secretary vide order dated 02.07.2018 dismissed the Revision Application and therefore, being aggrieved by the aforesaid orders dated 02.07.2018 passed by the Special Secretary, Revenue Department (Appeals) as well as order dated 30.08.2017 passed by the Collector, Gir Somnath, the