Dismissed

Anilbhai Jentibhai Bhambhania v. State of Gujarat

Gujarat HC4 Sept 2019WPPIL/156/2019

Case brief

AI extract

What is this about?

The High Court dismissed a PIL alleging violation of land-allotment conditions and inaction by the Collector. The Court held that since a show-cause notice was already issued, it should not precipitate further action or assume the role of an overseer at this stage.

What did the court decide?

The writ petition was not entertained and was dismissed with an observation regarding the Collector's inaction.

Anilbhai Jentibhai Bhambhania Vs State of Gujarat — Land Acquisition | Gujarat HC (2019)

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C/WPPIL/156/2019 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/WRIT PETITION (PIL) NO. 156 of 2019

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============================================= ANILBHAI JENTIBHAI BHAMBHANIA Versus STATE OF GUJARAT

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============================================= Appearance: MR RAJESH O GIDIYA(5222) for the Applicant for the Opponent Nos. 2, 3, 4 MR DHARMESH DEVNANI AGP for the Opponent No. 1 =============================================

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CORAM: HONOURABLE MR.JUSTICE S.R.BRAHMBHATT and HONOURABLE DR.JUSTICE A. P. THAKER

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Date : 04/09/2019

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ORAL ORDER

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(PER : HONOURABLE MR.JUSTICE S.R.BRAHMBHATT)

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The present Public Interest Litigation has been taken out with following prayers:

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A. That this Hon'ble Court be pleased to issue a writ of mandamus or writ in the nature of mandamus or a writ in the nature of certiorari or any other appropriate writ, order or direction may kindly be issued directing the respondents authorities to take over the possession of the Government Land bearing Survey No.172/2/1 admeasuring H-RASq.Mtrs, 16-18-80 of Mouje Nava Ratanpar of Taluka and District Bhavnagar because violation of the condition imposed while

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Page 1 of 4

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C/WPPIL/156/2019 ORDER

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passing an order by the respondent no.3 – Collector and recover the amount from the respondent no.4, which has been misused and misappropriated by forging documents.

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B. That this Hon'ble Court be pleased to issue a writ of mandamus or writ in the nature of mandamus, or a writ in the nature of certiorari or any other appropriate writ, order or direction initiating appropriate legal proceedings against the responsible persons, who are involved in illegal activity in the allotment of the Government land and also in making payment to the respondent no.4 without any work of ship building and ship repairing, because violation of the condition imposed while passing an order by the respondent no.3 – Collector.

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C. Pending admission and/or final disposal of the petition, this Hon'ble Court be pleased to direct the concerned respondent to take over the possession of the Government Land bearing Survey No.172/2/1 admeasuring H- RA-Sq.Mtrs, 16-18-80 of Mouje Nava Ratanpar of Taluka and District Bhavnagar.

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D. That this Hon'ble Court be pleased to grant such other and further relief/s as may be deemed fit and proper in the facts and circumstances of the case.

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Page 2 of 4

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C/WPPIL/156/2019 ORDER

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E. That this Hon'ble Court be pleased to award cost of the petition from the respondents.”

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Thus, essentially what is under challenge is the alleged inaction on the part of the State and Collector in taking action pursuant to the Show Cause Notice dated 06.03.2019, page-58.

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The Court is of the considered view that the counsel for the petitioner is not incorrect in contending that the public interest is involved as the subject land is not put to use for which it was allotted, nor this has been of any avail or benefit to the public at large, as the industry in question has not come on the land. These factors were brought to the notice of the Collector. Unfortunately, the Collector after issuing the Show Cause Notice has adopted an approach of no action and therefore the petitioner once again wrote to the Collector, but that communication of 16.07.2019 has not been so far responded. Of course, the said communication was not by way of seeking information under the R.T.I. Act but was a kind of representation.

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Learned counsel for the petitioner relied upon the following judgments:

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(i) in case of Centre for Public Interest Litigation v. Union of India and Others, reported in AIR 2016 Supreme Court 5351.

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(ii) in case of Surinder Mohan Arora Vs. Maharashtra State Co-operative Bank Ltd., An unregistered bank, rendered by

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Page 3 of 4

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C/WPPIL/156/2019 ORDER

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the High Court of Judicature at Bombay in Public Interest Litigation No.6 of 2016.

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We are of the considered view that the petitioner is absolutely justified and right in contending that the land in question when allotted for a particular purpose and when the purpose has not been fulfilled there exists a ground for proceeding further in the matter. At the same time, we also need to be mindful of the fact that Collector has already issued Show Cause Notice, it cannot be said that authority is not alive to the situation so as to move this Court and this Court, therefore, need not precipitate the actions, which are already against the concerned allottee. We are also need to be mindful of the fact that the allotment, breach of conditions, actions are all required to be viewed from the procedure which is prescribed and the Court, at this stage, need not assume the role of overseer on the action.

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Therefore, without observing anything further, as that might affect the pending proceedings either way, we are not inclined to entertain this Writ Petition, at this stage. But not entertaining this PIL would surely not reflect upon the acceptance of the situation of no action, if the same is found to be correct. With these observations, the present Public Interest Litigation is dismissed.

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(S.R.BRAHMBHATT, J.)

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(A. P. THAKER, J.)

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Pankaj

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Page 4 of 4

Anilbhai Jentibhai Bhambhania v. State of Gujarat

Case brief

What is this about?

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Anilbhai Jentibhai Bhambhania v. State of Gujarat

Case brief

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