BHARAT INDUSTRIES Vs. STATE OF GUJARAT
LAWS(GJH)-2005-4-42
HIGH COURT OF GUJARAT
Decided on April 28,2005

BHARAT INDUSTRIES Appellant
VERSUS
STATE OF GUJARAT Respondents


Cited Judgements :-

RAMANBHAI SAVJIBHAI JAKHWADIA VS. STATE OF GUJARAT [LAWS(GJH)-2011-2-115] [REFERRED TO]


JUDGEMENT

- (1.)The short facts of the case are that the petitioner was granted land as per the order dtd.18.09.1974 admeasuring 9790 sq mtr bearing survey no.111 of the waste land at Village Madhapar for oil mill and ginning mill. It appears that there was some change in the partnership and the proceedings were initiated for breach of the condition. Ultimately, it was held by the Collector that there is no breach of the condition and the notice was withdrawn. It appears that, as per the petitioner since it was not possible to continue with the activitiy of Ginning Mill, which was in addition to Oil Mill, the activity of manufacturing Badami Coal was undertaken and as per the petitioner the application was also made by giving intimation and granting permission for such purpose but no reply was given by the Authority in this regard. In the meantime, once again the notice came to be isused for breach of the condition on two grounds, one was that there was change in the partnership firm and the another was that the portion of the land is used for manufacturing for Badami Coal. The proceedings initially resulted into forfeiture of the land and thereafter the matter was carried before the Revenue Tribunal and the matter was remanded. Thereafter, the District Collector once again considered the matter and as per the order dtd.26th March, 1987, the District Collector found that as earlier for change of the partnership firm the show cause notice was already withdrawn, the proceedings cannot be initiated for the second time for the same cause. So far as the change of use is concerned, the District Collector found that the land is used for industrial purpose and the Government has also granted exemption for ULC and there is a policy of the Government to encourage to industry, and, therefore, it would be just and proper to withdraw the notice and ultimately notice came to be withdrawn. It appears that the matter was taken up for revision suo-motu by the State Government and it was found by the State Government that by change of partnership firm there is indirect breach of the condition and there is change of use without prior permission, and, therefore, as there is breach of the condition the order is passed by the State Government for termination of the grant and the land is ordered to be forfeited. It is under these circumstances, the petitioner has approached to this Court by preferring this petition.
(2.)Heard Mr.Shah, the learned Counsel appearing for the petitioner and Mr.Prachhak, learned A.G.P. for the respondent authorities. Mr.Shah, the learned Counsel appearing for the petitioner submitted that even as on today, the land is used for Oil Mill and for manufacturing of Badami Coal, and, therefore, the land is as such used for industrial purpose. He submitted that for the ground for change of partnership, once the notice having been dropped earlier, it was not open for the Government to initiate the proceedings on the same ground and he submitted that it is not a case where the original partners are not there at all in the partnership firm, but some partners are added is only the change. He also submitted that so far as the change of use is concerned, the intiation and the application was made but the same was not responded to and the said averments made in the petition at Grounds (I) at Para-13 is not controverted. He also submitted that in any case the authority ought not to have passed the order of forefeiture of the land and could have considered the matter for imposition of suitable penalty.
(3.)Mr.Prachhak, learned A.G.P. has supported the order passed by the State Government. Howeve, on the aspects of penalty Mr.Prachhak, learned A.G.P. is not in a position to oppose the contention as to why the authority has not considered the question of penalty and the harsh action of forefeiture of the land is taken.


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