Disposed

State of Gujarat v. Chunibhai Haribhai Gajera

Gujarat HC5 Sept 2022CA/150/2021

Case brief

AI extract

What is this about?

The High Court of Gujarat disposed of Special Civil Applications regarding non-agricultural permission by remitting the issue of old vs new tenure to the Collector with liberty to approach them. Appeals on these matters were disposed of as the principal applications were no longer pending.

What did the court decide?

Special Civil Applications disposed with remittance to Collector for adjudication; Letters Patent Appeals disposed.

State of Gujarat Vs Chunibhai Haribhai Gajera — Land Acquisition | Gujarat HC (2022)

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C/LPA/626/2020 ORDER DATED: 05/09/2022

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/LETTERS PATENT APPEAL NO. 626 of 2020 In R/SPECIAL CIVIL APPLICATION NO. 4309 of 2016

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With

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CIVIL APPLICATION (FOR STAY) NO. 1 of 2019 In R/LETTERS PATENT APPEAL NO. 626 of 2020 With

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F/LETTERS PATENT APPEAL NO. 149 of 2021 In SPECIAL CIVIL APPLICATION NO. 10668 of 2016 With

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CIVIL APPLICATION (FIXING DATE OF EARLY HEARING) NO. 2 of 2021 In F/LETTERS PATENT APPEAL NO. 149 of 2021 In SPECIAL CIVIL APPLICATION NO. 10668 of 2016

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With

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CIVIL APPLICATION (FOR STAY) NO. 1 of 2021 In F/LETTERS PATENT APPEAL NO. 149 of 2021 In SPECIAL CIVIL APPLICATION NO. 10668 of 2016

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With

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R/CIVIL APPLICATION NO. 150 of 2021 With

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R/SPECIAL CIVIL APPLICATION NO. 11029 of 2014 With

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R/SPECIAL CIVIL APPLICATION NO. 4309 of 2016 With

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CIVIL APPLICATION (FOR JOINING PARTY) NO. 1 of 2018 In R/SPECIAL CIVIL APPLICATION NO. 4309 of 2016 With

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R/SPECIAL CIVIL APPLICATION NO. 10668 of 2016

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============================================= STATE OF GUJARAT Versus

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ASHOKBHAI HARIBHAI GAJERA

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============================================= Appearance:

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MS MANISHA LAVKUMAR, GOVERNMENT PLEADER for the Appellant(s) No. 1,2 for the Respondent(s) No. 1,10,2,3,4,6,7,8,9 MR RS SANJANWALA, SENIOR ADVOCATE WITH MR. AADIT R SANJANWALA(9918) for the Respondent(s) No. 5

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

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CORAM: HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVIND KUMAR and HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI

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Page 1 of 5

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C/LPA/626/2020 ORDER DATED: 05/09/2022

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Date : 05/09/2022 COMMON ORAL ORDER (PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVIND KUMAR)

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ORDER IN S.C.A. Nos.10668/2016 & 4309/2016 :

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Mr.R.S.Sanjanwala, learned Senior Counsel

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appearing for the petitioners would submit that the petitioners are ready and willing to approach the jurisdictional Collector for grant of non-agricultural permission / revised N.A. permission with an application for grant of such prayer.

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Hence, these petitions stand disposed of reserving liberty to the petitioners to approach the jurisdictional Collector by filing necessary application who would consider all issues including as to whether subject lands are to be treated as new tenure or old tenure based on the documents that would be relied upon by the petitioners and without expressing any opinion in this regard, the matters stand remitted to the jurisdictional Collector.

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Page 2 of 5

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C/LPA/626/2020 ORDER DATED: 05/09/2022

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It is needless to state that as and when such application is filed by the petitioner/s, the jurisdictional Collector would examine the same and pass orders in accordance with law by adjudicating said application as observed hereinabove. In the event of such application being filed, the Collector shall dispose of said application expeditiously and at any rate within an outer limit of two months from the date of filing of such application.

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It is also needless to state that State would also be at liberty to put up such defence as it deems fit by relying upon documents that may be available with the Collector and/or any other revenue authorities.

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It is made clear that amount deposited in Special Civil Application No.10668 of 2016 would be subject to the result of the orders that may be passed by the Collector and necessary orders regulating payment/refund of the said amount would be passed by this Court after disposal of the proceedings before the Collector.

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Page 3 of 5

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C/LPA/626/2020 ORDER DATED: 05/09/2022

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ORDER IN L.P.A. No.626/2020 & F/L.P.A.No.149/2021 :

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Letters Patent Appeal No.626 of 2020 and F/Letters Patent Appeal No.149 of 2021 arising out of Special Civil Application Nos.10668 of 2016 and 4309 of 2016 would not survive for consideration since the original Special Civil Applications have been disposed of by order of even date. Accordingly, appeals stand disposed of.

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ORDER IN SPECIAL CIVIL APPLICATION No.11029/2014 :

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Mr.Sanjanwala, learned Senior Counsel appearing for the petitioner would also fairly submit that the only issue which requires to be resolved in the present petition is relating to treating of the subject land as old tenure or new tenure. The property which is the subject-matter of this Special Civil Application is relating to Final Plot No.97 and during the pendency of the present proceedings in view of the undertaking given, revised permission has been granted by the appropriate

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Page 4 of 5

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C/LPA/626/2020 ORDER DATED: 05/09/2022

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authority namely the Collector and a sum of Rs.5,27,35,196/- has been paid which necessarily would be subject to the adjudication as to whether this plot would be treated or held to be old tenure or new tenure. Subject to the outcome of decision the Collector may take and observing that Collector would also be at liberty to pass such further orders regulating the payment of Rs.5,27,35,196/-, which has already been deposited by the petitioner and amount which has already been paid would be subject to final decision that may be taken by the Collector with regard to classifying the land either as old tenure or as new tenure, this Special Civil Application also stands disposed of.

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All pending application/s in Letters Patent Appeals and Special Civil Applications stands consigned to records.

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(ARAVIND KUMAR, CJ)

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(ASHUTOSH J. SHASTRI, J)

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GAURAV J THAKER

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Page 5 of 5

State of Gujarat v. Chunibhai Haribhai Gajera

Case brief

What is this about?

What did the court decide?

State of Gujarat v. Chunibhai Haribhai Gajera

Case brief

What is this about?

What did the court decide?

What the court decided

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