The court confirmed sufficient prima facie evidence to support land grabbing allegations, emphasizing the need for caution in exercising powers under judicial review.

ORDER :

HASMUKH D. SUTHAR, J.

1. Rule. Learned APP waives service of notice for the respondent-State.

2. By way of this application under Section 528 of the Bhartiya Nayay Suraksha Sanhita, 2023/482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “Cr.P.C.”), the applicants have prayed to quash and set aside the resolution dated 03.03.2021 passed by the District Land Gabbing Committee (Annexure-Y) and Impugned complaint being FIR C.R. No.11821005210096 of 2021 registered with Devgadh Baria Police Station, Dahod as well as all consequential proceedings arising therefrom.

3. Learned advocate appearing on behalf of the applicant submits that the applicant is innocent and has been falsely implicated in the offence. The petitioner is belonging to the Schedule Tribe and small farmers mainly engaged in agricultural activities and occupying agriculture land facing absolutely false and frivolous criminal case under Gujarat Land Grabbing (Prohibition) Act, 2020 (hereinafter referred to as 'GLGP Act) are constrained to approach this Hon'ble Court for quashing and setting aside impugned complaint registerd at Devgadh Baria Police Station and also all further proceedings including charge- sheet dated 50.04.2021 and also proceeding of Sessions Case No. 47/2021 pending before the Ld. Special Court and Sessions Judge, Dahod. It is submitted that that initially petitioners had filed Special Criminal Application No. 9416 of 2021 challenging the constitutional validity of the Gujarat Land Grabbing (Prohibition) Act, 2020 on the ground of being ultra vires to the Constitution of India along with prayer to quash and set aside the impugned Criminal Complaint in the present petition. The Coordinate Bench of this Court by order dated 24.09.2021 were protect the petitioners by staying all further proceedings of the impugned FIR till final disposal of the said petition.

4. It is further submitted that the petitioners and their family have been in possession of land bearing Survey No. 61/1/6 at Karamsad for over 60 years with the authority’s permission, and such long, peaceful, and uninterrupted possession cannot be termed illegal. If, as per the DILR measurement, the petitioners are shown to be in possession of Survey No. 74/1/2, it is due to a numbering error by the authorities and not due to any encroachment. Even if the allegations in the FIR are taken at face value, they do not constitute any offence of trespass or land grabbing and reveal, at best, a civil dispute regarding the measurement and identity of adjoining lands. The GLGP Act is meant to prevent land grabbing, not to resolve civil disputes or dispossess persons in settled possession. Misusing the Act to settle a boundary dispute is manifestly arbitrary and an abuse of process. The DILR had informed the committee on 08/02/2021 that both parties had agreed to drop the measurement due to settlement. However, on 12/02/2021, the Resident Collector directed the measurement to proceed, leading to a hurried measurement on 27/02/2021 and a decision on 03/03/2021 to register an FIR, which was filed on 11/03/2021. This sequence reflects favoritism towards the complainant, rendering the proceedings arbitrary and illegal. Further, the name of Respondent No. 5 was entered into revenue records only in 2020, 18 years after the death of the predecessor, and soon thereafter, Respondent No. 5 initiated measurement and filed a false and frivolous complaint alleging land grabbing. In reality, the petitioners have not grabbed any land of Respondent No. 5; instead, Respondent No. 5 has misused the revenue process to file a vexatious complaint