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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SUNITA AGARWAL, CJ, D.N. RAY
State of Gujarat thro Principal Secretary – Appellant
Versus
Legal Heirs of deceased Gulabchand Devraj Shah – Respondent
| Table of Content |
|---|
| 1. history of land grant and lease (Para 2) |
| 2. contentions of the parties (Para 3 , 4) |
| 3. court's observation on inaction by state authorities (Para 9 , 10) |
| 4. determination of payment obligations for the land (Para 11) |
| 5. legal decision on ownership allocation (Para 12) |
| 6. conclusion of appeal dismissal (Para 13 , 14) |
ORDER :
D.N.RAY, J.
1. Having heard Ms.Maithili Mehta, learned Assistant Government Pleader for the appellants and Mr. A. R. Thacker, learned advocate with Mr. Shivang A. Thacker for the respondent No,1, 1.2 to 1.4 and Mr. Nikhilesh J. Shah, learned advocate for the respondent No. 2.
2. Brief facts of the case are as under:-
2.1 The land in dispute, bearing Revenue Survey No. 11, City Survey No. 38, Survey No. 3361, admeasuring 14 acres and 0 gunthas, situated at Mouje Anjar, Taluka and District Kutch (hereinafter referred to as “the said land”), was originally granted on leasehold basis by the erstwhile Ruler of Kutch under an order dated 30.03.1935. The lease was granted for a term of 25 years to one Jadavji Hansraj for the specific purpose of establishing and operating a ginning and processing unit. The grant was subject to certain terms and conditions. It a
The court affirmed the right of a permanent leaseholder to ownership based on government resolution, ruling state delay and inaction as unfair and detrimental to leaseholder rights.
Once government land is forfeited for illegal occupation and vests in State, court cannot direct re-auction or allow prior occupants' participation, as State holds absolute prerogative to use for pub....
The main legal point established in the judgment is that the grant of freehold rights must be based on factual correctness and adherence to the legal provisions, especially in the context of land dis....
The distinction between 'Old agreement' and 'Old tenure' land is crucial in determining premium obligations for land conversion under the Gujarat Land Revenue Code.
The main legal point established is that the petitioner's failure to demonstrate reclamation and payment of lease rent as per the lease conditions resulted in the rightful transfer of possession to t....
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