The Gujarat high court on Thursday granted a stay on the order of the district vigilance committee directing the police to lodge an FIR against the petitioners under the provisions of the Gujarat Land Grabbing (Prohibition) Act 2020.
The advocate appearing for the petitioner submitted before the court that the transaction which had taken place in the year 1972 has been questioned by the complainant almost after 48 years under the provisions of the Gujarat Land Grabbing Act 2020.
The land has been transacted twice and title rights have been transferred to different parties. Despite the prant officer and Mamlatdar’s opinion that no offence under the act has been committed, the district vigilance committee in December 2020 directed that an FIR be registered against the petitioner.
The land was developed, plotting was carried out and it was transferred creating third-party rights. Construction has also been carried out on the land. The petitioner was just 4 years old when the transaction took place in 1972, the counsel argued. The complaint filed is nothing but malafide harassment and abuse of the law, he argued.
Gujarat High Court has sought a reply from the state government in the matter. The matter is likely to be heard after a month.
The land grabbing act
Interestingly several provisions of Gujarat Land Grabbing Act 2020 and Gujarat Land Grabbing Rules 2020 have also been challenged before Gujarat High Court as ultra vires to Article 14, 20, 21, and 254 of the constitution.
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