Govt allotted Land to Trust on 29.03.1980. Due to breach of contract towards non-fulfilment of conditions of land the allocation was cancelled by Govt. vide Order No.1778/82 dtd.01.04.1985 and again Mamlatdar Order No.1088 dtd.26.04.1985 announced that Land is Sarkari Land. The said land was again regranted and allotted to Trust on 14.10.1988.
ABC is the possession holder of the land from the period 1982-83 given by Saja Deva Parmar who was the possession holder of the land which he acquired from his ancestral and ABC purchased the land alongwith the other land occupied by the said Saja Deva Parmer. ABC constructed and compounding wall and since then ABC is the actual physical holder of the said land.
Thereafter in the year 1985-86and 1991-92 u/s.61 of Bombay Land Revenue Court some proceedings were entitled by the revenue authority and at that time ABC paid the amount and obtained receipt from the revenue authority vide No.63 dtd 25.02.1993. and also Mamlatdar issued a notice u/s.202 of Bombay Revenue Court to eviction of land within 3 days.
The issuance of Notice by Mamlatdaru/s.61 of Bombay Land Revenue Code on 18.12.1992 means the possession holder of “Sarkari Land”, (Govt. Land) during the period of 1985-86 to 1991-92 is ABC for which they have been penalised Rs.1736/- and was collected on 25.02.1993 vide Receipt No.63 for the use of said land from 1985 to 1992 andhow that possession land the Govt. regranted on 14.10.1988 to Trust? Hence the issuance of Notice and collect the penalty is legally wrong.
Here the contention is that when the land is of Trust how the Govt. is claiming that it is Govt. Land? and the Notice which was issued by Mamlatdar is also defective as the Land is not the Govt Land, but it is Trust Land.
We want to know Once the Govt. made cancel the land, as per act, is it lawful to further regrant them to the same party previously who had broken the contract towards non fulfilment of conditions.?
Trust wants to give the said land to Ambaji Trust. Is it possible to give which is not in their possession? And moreover on that land a factory is in running condition. ABC is the possession holder of the land since 1985-86 for industrial purpose and had also deposited penalty amount of Rs.1736/- in the year 1993. At present the land is still in our possession.
As the Land is of Trust and if there is any dispute they only can make suit, why the Govt. made suit?
MERIT OF THE CASE
ABC running a factory in Ambaji, Gujrat since 1982-83. Govt. allotted one land to Trust in 1980. The allocation of land was cancelled in 1985-86 due to breach of condition towards non fulfilment of conditions of land and it was again regranted to them on 14.10.1988
ABC is the possession holder of the said land from 1982-83 and the land was given by AMRA and that land was allotted to Trust in 1980.
Our Question is that –
Can Govt. regrant the cancelled land to the same person whose land was cancelled towards non fulfilment of conditions of the said land?
As per our knowledge the Govt. could make auction of the said land or they may give to the possession holder of the land.
In 1992 we received notice from the Govt to vacate the land within 3 days and had also taken penalty of Rs.1736/-
That the land is of Trust which was regranted by Govt. to them on 1988. So, how this land become Govt Land? and how Mamlatdar collect penalty from ABC (possession holder of land) for the use of land from 1985 to 1992? Though the land was reallocated to Trust in the year 1988.
We lost the case from High Court and we wanted to know in which ground we may go to Supreme Court so that our possession may continued and run our factory.
Our case is adverse position but the Court says it is a case of encroachment but not adverse position. Pls. advise.
Deepak Yashwantrao Bade
Responded 3 years ago
Responded 4 years ago
It is better to read your documents and then give the legal opinion.
Responded 4 years ago