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1997 DIGILAW 127 (GUJ)

Arjanbhai N. Dodia v. Madhubhai N. Administrator Gram Sevak

1997-02-25

B.C.PATEL, M.S.SHAH

body1997
M. S. SHAH, J. ( 1 ) RULE. Mr. Harin Rawal, learned Advocate waives service of rule on behalf of respondents Nos. 2 to 7. Respondent No. 1 though served, has not chosen to appear before the Court. ( 2 ) IN this petition, the petitioner has prayed for an appropriate writ, order or direction quashing and setting aside the order of compromise passed by the Civil Judge, Senior division, Veraval in Special Civil Suit No. 82 of 1994 on 7-3- 1995. ( 3 ) XXX xxx xxx. ( 4 ) XXX xxx xxx. ( 5 ) LEARNED Advocate for the petitioner submitted that the Administrator and the respondents No. 2 to 7 have entered into the compromise in collusion with each other. It is the case of the plaintiff that the land is vested in the Government. Form No. 7/12 for the said land indicates that the lands are gauchar lands and the same is in the name of the gram Panchayat in the revenue records. ( 6 ) SECTION 108 of the Gujarat Panchayat Act, 1993 is the relevant section, which reads as under :108. Government may vested certain lands in Panchayat (1) For the purpose of this Act, the State Government may subject to such conditions and restrictions as it may think fit to impose, vest in a panchayat open sites, waste, Vacant or grazing lands or public roads, streets, bridges, ditches, dikes and fences, wells, river-beds, tanks, streams, lakes, nallas, canals, water-courses, trees or any other property in the village vesting in the government. (2) xxx xxx xxx. (3) xxx xxx xxx. (4) Where any open site or waste, vacant or grazing land vesting in Government, has been vested by Government in a Panchayat, whether before or after the commencement of this Act, then it shall be lawful for the State Government to resume at any time such site or land, if it is required by it for any public purpose: provided that in case of any improvement of such site or land made by the panchayat or any other person, as the case may be, shall be entitled to compensation equal to the value of such improvement and such value shall be determined in accordance with the provisions of the Land Acquisitioji Act, 1984 (I of 1984 ). ( 7 ) GRAZING lands are thus vested in the Panchayat, subject to conditions and restrictions. ( 7 ) GRAZING lands are thus vested in the Panchayat, subject to conditions and restrictions. A minute reading of Sub-sec. (4) above makes it clear that the lands which vest in the Panchayat is for a limited purpose and the State Government can resume the land at any time, if it is required for any public purpose. Reading the scheme of the gujarat Panchayats Act and the Bombay Land Revenue Code, it is very clear that the word "vest" has more than one meaning. In the case of State of Gujarat and Ors. vs. The board of Trustees of Port of Kandla and Ors. reported in 20 GLR 732, this Court had an occasion to consider the meaning of the word "vest", and in paragraph 26, the Court held as under:"the aforesaid case law therefore supports our view that the term "vest" has more than one meaning and to find its exact connotation, we must look to the scheme of the law and the context in which it is used. The setting in which it is used would lend colour to it and divulge the legislative intent. Viewed from this point of view we are satisfied that the vesting of property in the Board is for the limited purpose of administration, control,and management only without the Central Government having divested itself of ownership. " ( 8 ) IN view of the aforesaid provision, it is very clear that the Administrator has entered into an agreement contrary to the provisions of law. By such an agreement he has actively assisted the respondents to enjoy the possession of gauchar lands without any disturbance and hindrance. Not only that, but he has also suggested that he will assist the said defendants to see that the lands are mutated in their names. We have made it clear that "vesting" certain lands in Panchayat is with absolute right of the government to resume at any time, such site or land, if it is required by it for public purpose, and, therefore, it could not have been dealt with in the manner in which it is dealt with, by the Administrator. We have made it clear that "vesting" certain lands in Panchayat is with absolute right of the government to resume at any time, such site or land, if it is required by it for public purpose, and, therefore, it could not have been dealt with in the manner in which it is dealt with, by the Administrator. ( 9 ) IN the result, we quash and set aside the order of compromise passed by the Civil judge, Senior Division, Veraval in Special Civil Suit No. 82 of 1994 on 7-3-1995, and we direct the Trial Court to proceed with the matter in accordance with law. The Trial Court is directed to dispose of the matter within a period of three months, and send is compliance report to this Court. Rule made absolute accordingly. .