26 January 2014

Gujarat land deals. Questionable intervention by the office of the CM.


Illegal sale of agricultural land in Gujarat by India gold Refinery to Alumina Refinery and permissions granted by the Revenue Minister under influence of the secretary of the Chief Minister Narendra Modi, is judicially noted by the honourable Supreme Court while deciding appeal filed by Dipak Babaria, leader of opposite party in the State.  The judgment is delivered on 23rd January 2014.

Epilogue by the honourable SC is as under,

66.         Before we conclude, we may observe that India is essentially a land of villages. Although, urbanization and industrialization is taking place, the industry has not developed sufficiently, and large part of our population is still required to depend on agriculture for sustenance. Lands are, therefore, required to be retained for agricultural purposes. They are also required to be protected from the damage of industrial pollution. Bonafide industrial activity may mean good income to the entrepreneurs, but it should also result into good employment and revenue to the State, causing least pollution and damage to the environment and adjoining agriculturists. While granting the permission under Section 89A (5) the Collector has to examine all these aspects. This is because the only other exception for conversion of agricultural lands to non-agricultural purpose is for those lands which are in an industrial zone. As far as the conversion of lands otherwise than those in the industrial zone is concerned, all the aforesaid precautions are required to be taken when a decision is to be arrived at as to whether the application is for a bonafide industrial purpose. In the instant case, there were newspaper reports of apprehensions and protest of the adjoining farmers. The Revenue Secretary and the Chief Secretary had placed the statutory provisions on record. It was expected of the Government and the Revenue Minister to take cognizance of these apprehensions of the farmers as well as the statutory provisions brought to her notice by the secretaries. She has simply brushed aside the objections of the secretaries merely because the Chief Minister’s secretary had written a letter, and because she was the minister concerned. While over-ruling the opinion of secretaries to the concerned department, the Minister was expected to give some reasons in support of the view she was taking. No such reason has come on record in her file notings. She has ignored that howsoever high you may be, the law is above you.

CIVIL APPEAL N. 836 OF 2014


(@ out of SPECIAL LEAVE PETITION (CIVIL) NO.36738/2012)
VAKILSAHEB