Dipak Babaria & Anr. Vs. State of Gujarat & Ors.
Tenancy and Agricultural Lands
Civil Appeal No. 836 of 2014 (@ out of Special Leave Petition (Civil) No.36738/2012)-Decided on 23-1-2014.
it sought to challenge the permission granted by the Collector, Bhuj, to sell certain parcels of agricultural land situated in district Kutch, which were said to have been purchased earlier by the respondent No.4 herein, one Indigold Refinery Limited of Mumbai, for industrial purpose in favour of respondent No.5 i.e. one Alumina Refinery Limited, Navi Mumbai, as being impermissible under the provisions of the Gujarat (earlier ‘Bombay’ prior to the amendment in its application in the State of Gujarat) Tenancy and Agricultural Lands (Vidarbha Region and Kutch Areas) Act, 1958 …. The PIL No.44 of 2012 filed by the appellants is allowed by holding that the order dated 18.12.2009 passed by the Government of Gujarat and by the Collector of Kutch on 15.1.2010, are held to be arbitrary and bad in law; …. In the facts and circumstances of this case, the sale of the concerned land by Indigold to Alumina is held to be bad in law. The land involved in the present case is held to have vested in the State of Gujarat free from all encumbrances, and the amount of Rs. 1.20 crores paid by Alumina to Indigold is treated as full payment towards the compensation payable by the State to Indigold…read more
