Land for Customs Office - Gujarat HC directs State Government to consider application
THE Customs and Central Excise Department's urge for litigation but lack of commitment to pursue litigation properly can be clearly seen from the following story.
The Central Excise Department had a plot of 4047 sq mtrs in Ranpur near Ahmedabad earmarked for construction of its office. The District Collector, Ahmedabad allotted this land to the Mamlatdar office of Ranpur for its office construction.
The Central Excise Department made an appeal, after three years, against the order of the Collector to the Secretary (Appeals), Revenue Department, State of Gujarat, which came to be dismissed mainly on the ground of delay and latches.
One dismissal on ground of delay did not stop the Central Excise Department from filing a Special Civil Application in the High Court - again with a further delay of one year.
The High Court could have remanded the matter condoning the delay in both the appeals, but by the time the case reached the High Court, the construction of the Mamlatdar's office was completed and it was running since long. So, no purpose would be served by remanding the matter.
The High Court dismissed the petition but directed, “it will be open for the petitioner to approach State Government for the land in question, which has been allotted to Mamlatdar office, Ranpur as they were claiming ownership over the land in question and as and when such application is made, the same may be decided considering the fact that the petitioner is also Department of Central Government. It is to be noted that as such the land in question is treated as Government Padtar land by the Collector, which has been allotted in the year 2001 for construction of Mamlatdar's Office at Ranpur”.
Aggrieved by the order of the High Court, which was by a Single Judge, the Central Excise Department appealed to a Division Bench. And now they have succeeded.
The Division Bench directed the State Authorities to consider the request of the appellant for grant of land for construction of office of Customs and Central Excise Department, as directed by the Single Judge. The decision would be taken expeditiously but not later than 31st March, 2012.
The High Court clarified that it has not examined the merits of the case and it expected that the decision would be taken without being influenced by the fact that this appeal is not examined or entertained on merits.
If they don't procrastinate further, maybe the Customs and Central Excise Department can have a plot for building their office by March 2012.