State of Gujarat & Anr. Vs. Shree Ratnakar Enterpries
Civil Law - Lease of Land
Lease of Land - Grant of - Rejection of application - Revision against - Delay and laches - At no stage the alleged policy dated 31.12.1981 was either referred to or relied upon - No submission was ever advanced to project the entitlement or the extent thereof under this policy - Original application simply made a demand that the respondent be allotted 1500 acres of land from Survey No.141 of Village Mundra -Certain allotments were made from and out of Survey No.141 of Village Mundra but after the setting up of Special Economic Zone at Mundra all those applicants have surrendered their lands - Stand of the appellant - State is very clear and categorical that there was no land available at Village Mundra - Application having been rejected by the District Collector on 18.12.1999, Revision was preferred more than five years later - This Revision was rejected on the ground of delay and was taken up in challenge before the High Court again after a delay of five years - Single Judge of the High Court was right in observing that the respondent had remained indolent in pursuing its remedy and that because of delay and latches on its part, no indulgence could be shown - Division Bench held to be not justified in reversing the judgment and order passed by the Single Judge, nor was it right in directing the Collector to allot to the respondent land for salt production from any other survey number - Judgment and order of the Division Bench of the High Court liable to be set-aside and that was passed by the Single Judge of the High Court is restored.
Topic(s)-Lease of Land - Grant of - No