SCA/3799/2008 1/7 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 3799 of 2008 For Approval and Signature: HON'BLE SMT. JUSTICE ABHILASHA KUMARI ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= DOLATBHAI BHIKHUBHAI MAKHANIYA - Petitioner(s) Versus CHAIRMAN OF THE DISTRICT VALUATION COMMITTEE & & 3 - Respondent(s) ========================================================= Appearance : MR KK TRIVEDI for Petitioner(s) : 1, MR JASWANT K SHAH, AGP for Respondents ========================================================= CORAM : HON'BLE SMT. JUSTICE ABHILASHA KUMARI Date : 01/05/2008 ORAL JUDGMENT 1. Rule. Mr.Jaswant K.Shah, learned Assistant Government Pleader, waives service of notice of SCA/3799/2008 2/7 JUDGMENT Rule on behalf of the respondents. 2. By filing this petition, the petitioner has prayed for the following reliefs: “(A) This Honourable Court be pleased to admit the present petition; (B) Your Lordships be pleased to issue a writ in the nature of mandamus or any other appropriate writ/s, order/s or direction/s quashing and setting aside the Resolution dated 12th (18th) June, 2007 (Annexure-A) passed by the respondent no.1 and further be pleased to direct the respondent no.1 to decide/ fix the market value of the land bearing Block No.1362 (Revenue Survey No.1410) of Village: Variyav, Taluka: Choryasi, District: Surat area admeasuring about 26,300 Sq.Mtrs. as prevalent on the date of application of the petitioner, i.e., 02nd December, 2003; (C) Pending admission, hearing and final disposal of this petition, Your Lordships be pleased to grant interim / ad-interim relief staying further operation, implementation and execution of the Resolution dated 12th (18th) June, 2007 (Annexure-A) passed by the respondent no.1 SCA/3799/2008 3/7 JUDGMENT further directing the respondent authorities to fix the amount of premium on the basis of the market value of the land bearing Block No.1362 (Revenue Survey No.1410) of Village: Variyav, Taluka: Choryasi, District: Surat are admeasuring about 26,300 Sq.Mtrs. as prevalent on the date of application of the petitioner, i.e. 02nd December, 2003; (D) Your Lordships be please to pass any such other and/ or further order/s thought just and proper, in the interest of justice.” 3. The brief facts leading to the filing of the petition are that the petitioner is the owner of land bearing Block No.1362 (Revenue Survey No.1410) of Village: Variyav, Taluka: Choryasi, District: Surat, admeasuring about 26399 Sq.Mtrs. As the restriction under the provisions of Section 43 of the Bombay Tenancy and Agricultural Lands Act, 1948, has been imposed upon the land in question, the petitioner made an application dated 2.12.2003 to the Deputy Collector, Choryasi Prant, Surat, for conversion of the land from new tenure to old tenure, for SCA/3799/2008 4/7 JUDGMENT agricultural purposes with an intention to transfer the same. The respondent No.1, i.e. District Valuation Committee, vide Resolution No.17 dated 17.6.2004, fixed the market value of the said land at Rs.220/- per Sq.Mtr. Thereafter, the petitioner came to know in the month of September/ October 2007 that the respondent No.1 had re-evaluated the land in question vide Resolution No.16 dated 12/18.6.2007. It is the case of the petitioner that this information was obtained by him under the provisions of the Right to Information Act, 2005, since the petitioner was not informed by the concerned respondents regarding the evaluation of the land in question. It is the case of the petitioner that upon re-evaluation of the land, the District Valuation Committee fixed the market value of the land at Rs.1,350/- per Sq.Mtr. The specific emphasis of the petitioner is that this re-evaluation has been made without any notice or giving him an opportunity of hearing by the District Level Valuation Committee and now the matter is SCA/3799/2008 5/7 JUDGMENT pending before the respondent No.4, i.e. the State Level Valuation Committee. 4. I have heard Mr.K.K.Trivedi, learned counsel for the petitioner and Mr.Jaswant K.Shah, learned Assistant Government Pleader for the respondents. 5. It has been specifically averred by Mr.K.K.Trivedi, learned counsel for the petitioner that no opportunity of hearing was accorded to the petitioner by the District Level Valuation Committee while evaluating/ re- evaluating the price of the land in question. 6. The learned Assistant Government Pleader has not been able to produce any material to the contrary on the record of the case. However, it is stated by the learned Assistant Government Pleader that as the valuation of the land exceeds Rs.50 Lakhs, the matter is forwarded to the State Government for finalization of the valuation by the State Level Valuation Committee SCA/3799/2008 6/7 JUDGMENT and the same is pending before the said Committee. 7. In the facts and circumstances of the case, and since the matter is yet to be finalized by the State Level Valuation committee, and specifically in view of the decision of this Court in Bharatbhai Kantilal Jethwa v. State of Gujarat & Ors. - 2006(2) GLH 303, an opportunity of hearing is required to be given to the person concerned, while fixing the amount of premium or valuation, as the case may be. 8. In view of the above, it is hereby directed that the State Government shall ensure that an opportunity of hearing is given to the petitioner herein before the State Level Valuation Committee at the time of finalizing the valuation of the land in question. At that stage, the petitioner may put forward his case on the aspect of the valuation of the land in question, and he may be permitted to produce authenticated records regarding the land. After SCA/3799/2008 7/7 JUDGMENT hearing the petitioner and considering the record produced by him, the State Level Valuation Committee shall take an appropriate decision in accordance with law. 9. The petition is disposed of accordingly. Rule is made absolute to the above extent. There shall be no orders as to costs. (Smt.Abhilasha Kumari, J.) (sunil)