Jamnagar district Collector Sandeep Kumar has taken over 100 acres of land that a Sahara group company had purchased from farmers for its township project. The market price of the land is estimated to be nearly Rs 300 crore. The ambitious scheme was planned at Dhunvav village, 5 km off Jamnagar.
The collector issued the order on August 8 after a farmer, Tarshi R Katechia, who had sold his land to Sahara India Commercial Corporation Ltd, Kolkata, in 2003 demanded it back as the company had failed to initiate work for the purpose the land was purchased for.
However, the collector in his order, a copy of which was made available to Katechia, said that the land could not be handed back to him as according to Land Revenue Act, the property would go to the government. Katechia had asked for return of the land on May 14, 2009.
In his appeal to the collector, he pointed out that Sahara had purchased land from 24 farmers in the village for non-agriculture (NA) purpose in 2003. However, the company was not using the land. According to the rules, the company should have begun non-agricultural use of the land within a year of the purchase, he pointed out.
A SCAM UNCOVERED:
Kumar, following the appeal, initiated the look-in and this unearthed a scam in the way land was being “used”. Incidentally, the company had not obtained the NA approval. According to rules, the deputy collector could increase the time period in which the company was bound to begin use of the land by one more year and accordingly the company could have got time until 2005 to begin construction.
However, Deputy Collector B Bambhaniya gave Sahara India time till 2010 in violation of the rules. The collector also found out that the land has become unfit for cultivation as it had remained unused for seven years.
The collector issued the order on August 8 after a farmer, Tarshi R Katechia, who had sold his land to Sahara India Commercial Corporation Ltd, Kolkata, in 2003 demanded it back as the company had failed to initiate work for the purpose the land was purchased for.
However, the collector in his order, a copy of which was made available to Katechia, said that the land could not be handed back to him as according to Land Revenue Act, the property would go to the government. Katechia had asked for return of the land on May 14, 2009.
In his appeal to the collector, he pointed out that Sahara had purchased land from 24 farmers in the village for non-agriculture (NA) purpose in 2003. However, the company was not using the land. According to the rules, the company should have begun non-agricultural use of the land within a year of the purchase, he pointed out.
A SCAM UNCOVERED:
Kumar, following the appeal, initiated the look-in and this unearthed a scam in the way land was being “used”. Incidentally, the company had not obtained the NA approval. According to rules, the deputy collector could increase the time period in which the company was bound to begin use of the land by one more year and accordingly the company could have got time until 2005 to begin construction.
However, Deputy Collector B Bambhaniya gave Sahara India time till 2010 in violation of the rules. The collector also found out that the land has become unfit for cultivation as it had remained unused for seven years.
‘NOT AN ILLEGAL STEP’:
Sahara advocate J C Virani argued that the deputy collector had consulted officials concerned before extending the time duration. He also pointed out that Katechia had given his assent to sale of his land and this could be checked with documents in the office of the Jamnagar circle office and that the company had not indulged in any illegal activity.
However, Kumar in his order clearly mentioned that the deputy collector did not have power to extend the duration of “no-activity” on the land.
“I have passed the order as there is a breach of condition in transaction between the company and the land-owners. The land now belongs to the government and I have asked the (Jamnagar rural) deputy collector to take possession of the land and evict the current possessors,” Kumar told Mirror on telephone from Jamnagar.
‘NO KNOWLEDGE OF ORDER’:
Sahara India’s Saurashtra Region Manager Umashankar Srivastava expressed ignorance of the result of the case. “Yes, the case was on, but we do not know the result. I am yet to get a copy of the order,” he said. Srivastava said only his superiors could throw more light on the issue.
According to Nilesh K Mange, an advocate and an RTI worker, some of the farmers from Dhunvav had approached him some time back seeking legal guidance on getting back their land. “According to my knowledge Sahara group has such projects in five districts. No company can purchase agriculture land from any farmer. The law is quite clear on this and the land purchase agreement in this case contravenes the law,” he said
Sahara advocate J C Virani argued that the deputy collector had consulted officials concerned before extending the time duration. He also pointed out that Katechia had given his assent to sale of his land and this could be checked with documents in the office of the Jamnagar circle office and that the company had not indulged in any illegal activity.
However, Kumar in his order clearly mentioned that the deputy collector did not have power to extend the duration of “no-activity” on the land.
“I have passed the order as there is a breach of condition in transaction between the company and the land-owners. The land now belongs to the government and I have asked the (Jamnagar rural) deputy collector to take possession of the land and evict the current possessors,” Kumar told Mirror on telephone from Jamnagar.
‘NO KNOWLEDGE OF ORDER’:
Sahara India’s Saurashtra Region Manager Umashankar Srivastava expressed ignorance of the result of the case. “Yes, the case was on, but we do not know the result. I am yet to get a copy of the order,” he said. Srivastava said only his superiors could throw more light on the issue.
According to Nilesh K Mange, an advocate and an RTI worker, some of the farmers from Dhunvav had approached him some time back seeking legal guidance on getting back their land. “According to my knowledge Sahara group has such projects in five districts. No company can purchase agriculture land from any farmer. The law is quite clear on this and the land purchase agreement in this case contravenes the law,” he said
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