Heard Mr.Anshin H. Desai, learned advocate for the petitioner. It is submitted by him that the land was granted on lease for 30 years to the father of the petitioner for growing fruit-bearing trees. Upon an application made for renewal of the lease by the petitioner on 14.10.2004, a Show Cause Notice was issued to the petitioner by the Collector for breach of condition. By order dated 14.03.2008, the Collector directed the land to be vested in the State Government, as it was found that the petitioner had not grown a sufficient number of trees, as per the Policy dated 10.06.2003. The order of the Collector has been upheld by the Additional Secretary (Appeals) by virtue of the impugned order, which does not take into consideration the aspect that as per the old Policy that was applicable at the time of grant of lease, the petitioner had grown a sufficient number of trees, therefore, the new Policy could not have been made applicable for renewal.
It is further submitted that initially the Revisional Authority had not granted interim relief. However, protection was granted by this Court and the interim relief has prevailed, till the final decision of the Revision Application. Even as of date, the petitioner is in possession of the land in question.
Issue Notice returnable on 09.05.2012.
Status-quo, as it exists today, qua the land in question, shall be maintained till then.
(Smt.
Abhilasha Kumari, J.) Gaurav+ Top