"People Have Stopped Hiring Goons, File FIR, Invoke PASA & Get Land's Possession": Gujarat HC On Misuse Of Anti Land Grabbing Act

"People have stopped hiring goons, file FIR, invoke PASA and get the possession of the land, I have dealt with many such cases. Even in cases where the land has been purchased through a registered sale deed, PASA has been invoked. This is your Land Grabbing Act," the Bench of Justice Paresh Upadhyay made these oral scathing remarks in Gujarati.

The bench of Justice Upadhyay was dealing with the petitions filed by four persons from Amreli district, who were detained under PASA after being booked under the Gujarat Land Grabbing (Prohibition) Act [treating them as 'property grabbers'] with regard to a property dispute the petitioners.

Essentially, the justification put forward by the State Authorities to resort to PASA was this, had that not been done, the petitioners would have taken the help of advocates for continuing illegal activities.

To which, the Court observed thus:

"If any citizen faces action from the State and if he resorts to the legal remedy available to him, and if the citizen is protected, any attempt to obstruct it, may be viewed very seriously and even the option of initiating proceedings under the Contempt of Court Act, can also be explored."

Further, ruling that impugned order needs to be quashed and set aside, the Court remarked thus:

"The detaining authority fell in error in treating the activities of the petitioner as prejudicial to the maintenance of the public order."

Importantly, while quashing PASA orders, the judge warned the state government that if it sides with the parties in private property disputes, it may someday land it in an embarrassing position.

In this regard, the Court noted thus:

"The enthusiasm on the part of the State Authorities to throw the weight of the State in favour of one of the contesting parties, in the matters of private property disputes, may lend the State in embarrassing position one day. Further, in the property disputes - the financial stakes from both the sides may be very high. This may also lead to the temptation to one of the parties, for soliciting help from the revenue and the police officers, for the considerations less known to law. These are the dangers which need to be kept in view by the Higher Authorities of the State."

The Bench of Justice Paresh Upadhyay has been criticizing the Gujarat State Authorities while calling out the indiscriminate use of land grabbing laws followed by invocation of PASA law.

Recently, the Gujarat High Court had questioned the State Government as to whether the amendment in the Gujarat Land Grabbing (Prohibition) Act, allowing the invoking of the Prevention of Anti-social Activities Act (PASA) is being misused by the Executive.

The Bench of Justice Paresh Upadhyay noted in its order:

"This Court finds that a wider issue has cropped up, as to whether the object sought to be achieved by the government, with the introduction of this amendment, is achieved or is being misused by the executive. On this point, the response from the state government and the Home department is requested"

In another matter, the Gujarat High Court had recently observed that when the State on the whole and the economy, in particular, is trying to regain the momentum post-COVID, the Court can't allow that the sword of PASA Act remains hanging over the traders in connection with GST matters.

The Bench of Justice Paresh Upadhyay was hearing the matter of the petitioners apprehending detention under PASA in connection with the Complaint filed by the State Tax Department in CJM's Court under different sub-sections of Section 132 of the Central & Gujarat GST Acts read with Section 120B of the IPC.

Case title - Ramjibhai Nathubhai Charola, Ganguben W/O Dolubhai Bachubhai Manduriya Mukeshbhai Tajubhai Charola, & Sobhaben W/O Devrajbhai Kadabhai Vaghela Versus State Of Gujarat & District Magistrate, Amreli

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