Administrative decisions regarding land tenure must comply with government policy ensuring acquired lands are replaced with lands of the same nature.

JUDGEMENT

1. Heard learned advocate Mr. Vimal Purohit for the petitioners and learned AGP Ms. Dhwani Tripathi for the respondent-State.

2. RULE returnable forthwith. Learned AGP Ms. Tripathi waives service of notice of rule on behalf of the respondent-State.

With the consent of both the sides, the matter is heard finally.

3. The present petition has been preferred with the following prayers:

12.02.2008 and 21.04.2008 passed by the revenue department, state of Gujarat and the Collector, Kutch in JaMaNa/542007/2093/A and A-2/Land/Vashi/998/2008 respectively; and part of the order no. JaMaNa/5606/1346/A dated 23.02.2007 passed by the State Government as far as it directs the Collector to grant the land on new tenure basis and not on old tenure basis.

(E) Pass the order ans further order/s as deemed fit in the interest of justice.”

4. The brief facts of the petition is that the father of the present petitioner was granted land bearing survey no. 984 paiki (old survey no. 205) ad measuring acre 16-19 guntha, of village Anjarsim, Taluka as new tenure land in the year 2002. As, the father of the petitioner held that the land for more than 15 years, he applied before the Mamlatadar, Anjar in the year 2002 and got the said land converted to old tenure for agricultural purpose as per the policy of the State Government. Accordingly, the Mamlatdar of Anjar has ordered to pay Rs.1920/- for conversion of the said land into old tenure for agricultural purpose and the same was paid to the State of Gujarat on 23.09.2002. The said land got converted into the old tenure and after the death of father of the present petitioner had inherited the said land.

4.1 According to the petitioner, in the year 2004, the Anjar Area Development Authority has encroached upon the land of the petitioner on eight acers of land belonging to the petitioner.

Thereafter, it was decided to give alternative land to the petitioner. On that basis, the petitioner no.1 representation to Circle Officer of Anjar to grant the land bearing survey no.1 and survey no. 165 on old tenure basis for agricultural basis. On 29.12.2006, the Deputy Collector of Anjar, took into suo moto review the order passed by the Mamlatdar to convert the original land of the petitioner from new tenure to old tenure for agricultural purpose and confirmed the same. By order dated 23.12.2007 passed by the Revenue Department of Gujarat State lands bearing survey no.1 and survey no.165 old survey no.163 village Meghpar, ad measuring total 8 acers were granted to the petitioner in lieu of their original land, which was acquired by Anjar Area Development Authority and possession of the alternative land was handed over to the petitioners on 03.08.2007. The petitioner no.3 applied to the Collector of Kutch for treating new alternative land, as old tenure land instead of new tenure land the application was forwarded by the Collector of Kutch on 29.10.2007 for adjudication to the Deputy Secretary of Revenue Department. On 12.02.2008 the Revenue Department of State of Gujarat and on 21.04.2008 the Collector of Kutch, without affording opportunities of being heard, had rejected the application given by the petitioner. Being aggrieved and dissatisfied with the aforesaid orders the petitioner has approached this court by way of the present petition.

4.2 Learned advocate Mr. Purohit for the petitioners has vehemently submitted that the grounds mentioned in the petition on which the impugned orders were challenged are to the effect that the impugned