Gujarat HC suggests inquiry into forgery by officials in ‘land conversion’ in Dahod

However, the petitioners were issued a notice on July 3 under the Gujarat Tenancy and Agricultural Lands Act, 1948, by the Dahod executive magistrate and mamlatdar, demanding that they provide documents proving that they are agriculturists. The notice also stated that they cannot bring forth any legal representative.

Earlier, the HC had sought the government’s explanation behind issuing a notice barring legal representation for the petitioners before the Dahod authority. On Monday, Assistant Government Pleader Jaswant Shah informed the court of Justice Nikhil Kariel that the same was issued under Section 80A of the Gujarat Tenancy and Agricultural Lands Act, 1948.

The provision noted that no pleader shall be entitled to appear on behalf of any party in any proceedings under the Act before the mamlatdar, the tribunal or the collector.

Seeking that the notice issued by the mamlatdar be quashed, the petitioners have alleged that as they have purchased a NA plot, and not agricultural plot, there is no question of needing permission to do the same or requiring to prove that they are agriculturists.

They also claimed that government records reflect that in 2012, well before they purchased the plot, the district collector had passed an order granting permission to convert the agricultural land to NA plot.

Addressing the government counsel on Monday, Justice Kariel orally remarked, “This forgery has happened in your (government’s) office, what action have you taken… Before you issued suo motu action against the purchasers, what action have you taken against the (government) officers… Before you take action first to establish this forgery you have to take action against your own officers… Where is the FIR (against officials involved)?”

The court decided to hear the case next on July 15, after the government counsel sought time to inquire into the matter.