LexPALITANA SUGAR MILLS PVT. LTD. AND ANR. versus STATE OF GUJARAT AND ORS.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
A B PALITANA SUGAR MILLS PVT. LTD. AND ANR. v. ST A TE OF GUJARAT AND ORS. OCTOBER 15, 2004 [K.G. BALAKRlSHNAN AND DR. AR. LAKSHMANAN, JJ.] Gujarat Agricultura/Land Ceiling Act, 1960/Urban Land (Ceiling and Regulation) Act, 1976/Bombay Land Revenue Code, 1879~Bid Land- C Exclusion from purview of Agricultural Land Ceiling Act and covered by Urban Land Act-Sale of the /and-Revenue mutation in the name of purchaser-Development thereof after sanction of plan except the land reserved for University-Issue regarding coverage of Land under Agricultural Land Ceiling Act or Urban Land Act decided by the Authority, High Court and Supreme Court in favour of the purchaser-After lapse of reservation of D land for University order to sanction plan for its development passed by High Court and Supreme Court-Despite payment of all the dues plan not sanctioned-After decision of Supreme Court concerned Authorities issued show cause Notices with regard to disputes already decided and passed orders contrary to the order of Supreme Court on the ground that full facts were not placed before the Court-Land mutated in the name of State- E Applications for clarification and initiation of contempt proceedings by purchaser-Dismissal of applications by High Court-On appeal, held: The issues reopened by the Authority were already decided by Supreme Court- Such an attempt would amount to contempt of this Court-The issues already covered by earlier proceedings reached finality and hence cannot be F reopened-Authorities directed to comply with the orders of Supreme Court- Saurashtra Gharkhed Ordinance. Constitution of India, 1950-Article 141-Precedent-Judgment of Supreme Court-Ignored on the ground that full facts had not been placed before the Court-Held: Such an attempt is perverse and amounts to gross G contempt of Court-Contempt of Court. The land in question comprising of survey No.469/1, 470/1, 47112, 471/ 3 and 472, being a Bid Land was excluded from the purview of Gujarat Agricultural Land Ceiling Act, 1960. The land was sold to the appellants. After enforcement of Urban Land (Ceiling and Regulation) Act, 1976, the land II 552 PALITANASUGARMILLS PVT. LTD. v. STATE OF GUJARAT 553 was covered under that Act. In 1976 Gujarat Agricultural Land Ceiling A (Amendment) Act, 1972 came into force amending the original Act so as to bring Bid Land within its purview. Revenue Department thereafter clarified that the land in question would be governed by Urban Land Act and not Agricultural Land Act. Hence the proceedings regarding the sale of the land to the appellant under Agricultural Land Act were dropped. Revision against B the order was dismissed finally concluding the proceedings under Agricultural Land Act. Right and title entry No. 1950 was entered in the revenue records in the name-Of appellants and the same was certified in 1979 finally in view of Notice under Bombay Land Revenue Code, 1879 and no objections were raised against it. Competent Authorities sanctioned Scheme u/s 21 of Urban Land Act pursuant to which appellants developed the lands except the land in Survey No. 469/1 which was reserved for University.Municipal Corporation filed Writ Petition seeking setting aside of the order sanctioning the scheme and seeking direction to the Authority to decide the proceedings under Agricultural Land c ~ D State Government granted no objection in respect of lands in Survey Nos. 470/1 and 471/2, but refused the same in respect of other land except Survey No.469/1. Against the order of refusal of no-objection, appellants filed writ petition wherein appellant was permitted to do construction at its own risk. Appellant made representation to State Government that they were being E harassed. State Government asked the appellants that his representation would be considered on unconditional withdrawal of his petitions agains, the Government. Hence proceedings initiated by appellants were withdrawn. Thereafter, the Authority held that the revenue mutation entry No.1950 was legal and valid, by its order dated 10.7.1992. It was also held that proceedings F under Agricultural Land Act would not be in respect of the land. Appellant filed Writ Petition for declaration that land in Survey No.469/ 1 reserved for the University was free for development as the reservation had lapsed. Revenue Authority issued suo-motu Notice seeking to revise its order dated 10.7.1992, against which appellants fi
Excerpt shown. Read the full judgment & AI analysis in Lexace.