Dismissed

Akbarbhai Abdulbhai Vijapura v. State of Gujarat

Gujarat HC27 Nov 2018LPA/2088/2017

Case brief

AI extract

What is this about?

The High Court of Gujarat at Ahmedabad dismissed a Letters Patent Appeal challenging the confirmation of an order rejecting a regularization plea regarding government waste land. The court held that no relief could be granted under Article 226 as lower authorities found no proof of allotment and the land was required for a public purpose.

What did the court decide?

The Letters Patent Appeal was dismissed and no order in the Civil Application was passed.

Akbarbhai Abdulbhai Vijapura Vs State of Gujarat — Land Acquisition | Gujarat HC (2018)

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C/LPA/2088/2017 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/LETTERS PATENT APPEAL NO. 2088 of 2017

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In SPECIAL CIVIL APPLICATION NO. 12680 of 2017

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With

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CIVIL APPLICATION NO. 2 of 2017

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=============================================== AKBARBHAI ABDULBHAI VIJAPURA

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Versus STATE OF GUJARAT

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===============================================

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Appearance:

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MR ASHOK N PARMAR(2431) for the PETITIONER(s) No. 1,1.1,1.2,1.3,1.4,1.5,1.6,1.7,1.8 MR. HARIVADAN MISHRA(3753) for the PETITIONER(s) No. 1,1.1,1.2,1.3,1.4,1.5,1.6,1.7,1.8

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ADVANCE COPY SERVED TO GOVERNMENT PLEADER/PP(99) for the RESPONDENT(s) No. 1

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===============================================

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CORAM: HONOURABLE THE ACTING CHIEF JUSTICE ANANT S. DAVE

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and

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HONOURABLE MR.JUSTICE BIREN VAISHNAV

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Date : 27/11/2018

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ORAL ORDER

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(PER : HONOURABLE THE ACTING CHIEF JUSTICE ANANT S. DAVE)

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The challenge in this appeal under Clause 15 of Letters Patent is to the order dated 18.7.2017 passed in Special Civil Application No.12680 of 2017 whereby writ petition filed under Article 227 of the Constitution of India wherein legality and validity of the order dated 25.4.2017 passed by Special Secretary, Revenue Department, Ahmedabad rejecting the revision application and confirming the order of District Collector, Sabarkantha dated 28.9.2015 came to be confirmed.

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For the sake of convenience, learned Single Judge referred to

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Page 1 of 3

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C/LPA/2088/2017 ORDER

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earlier order dated 29.6.2012 passed in Special Civil Application No.14598 of 2011 whereby the Court exercising power under Article 226 of the Constitution of India without expressing any opinion on merit permitted the petitioner to approach concerned authorities for regularization of possession of the land occupied by his forefathers since number of years.

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However, the District Collector, Sabarkantha declined to regularize the possessions and upon verification of record it was found that there was no proof of allotment for which one year agricultural purpose was produced and he was even not financially unstable and encroachment galloped on the record. Likewise, revisional authority also noticed that the land in question being Government waste land was required for establishment of 66 K.V. Sub Station by GETCO, Himmatnagar and demand was pending.

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In the case of continuous possession of Government waste land, no relief could have been claimed by the petitioner by invoking extra ordinary jurisdiction of this Court under Article 226 of the Constitution of India particularly, when two authorities below concurrently held against him.

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Be that as it may. Even allotment is made on the basis of one year for agricultural purpose (one year cultivation) then also no right accured in favour of the petitioner.

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Considering the above and the record of the case vis-a-vis relevant Government Resolution dated 8.1.1980 and other such resolutions about procedure to be followed for regularization of encroachment over Government land, in absence of any material to bring the case of the petitioner within above policy and that land in

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Page 2 of 3

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C/LPA/2088/2017 ORDER

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question is required for public purpose for establishment of 66 K.V. Sub Station by GETCO, we find no substance in this appeal and is accordingly dismissed.

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In view of the order passed in the appeal, no order in Civil Application.

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(ANANT S. DAVE, ACJ)

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(BIREN VAISHNAV, J)

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NAIR SMITA V.

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Page 3 of 3

Akbarbhai Abdulbhai Vijapura v. State of Gujarat

Case brief

What is this about?

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Akbarbhai Abdulbhai Vijapura v. State of Gujarat

Case brief

What is this about?

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