In yet another land scam in Gujarat, an over five-decade-old government land (Shree Sarkar) was illegally sold to a family member of Valsad BJP leader Harshad Kataria and structures worth over ₹4 crore constructed on it later.

The land with survey no 368 (approximately 6 bigha), was previously survey no 51, 52 (3 acres 12 guntha) and survey no 52/1 (0 acres 3 guntha) owned by one Thakor Modi.

Modi sold the landto a firm named Shamlaji Girdhari in Mumbai in 1969.

Under the Gujarat Tenancy and Agricultural Land Act, 1948, the sale was illegal as agricultural land was sold to a non-farmer.

A probe into the company revealed that it was associated with agricultural activities in  Karnataka, but not in Gujarat.

So, on April 1, 1979, the land was labelled Shree Sarkar (of the government). Even the special civil application filed in the Gujarat High Court by the Mumbai-based firm was dismissed.

The disputed land was under the ownership of the government between 1979 and 2013 before the authorities of Valsad district handed it to deceased Modi’s heir, Harshad Modi.

Despite the court orders, the then in-charge collector Jagdish Gadhvi and Krushi Panch mamlatdar Naikita Patel reportedly transferred the disputed land in the name of Harshad Modi.

Later on July 9, 2015, Modi sold the land to Vimlaben Bhanushali, a resident of Mumbai and mother-in-law of Valsad BJP leader Harshad Kataria.

The new collector, Valsad district secretary, and Krushi Panch mamlatdar in 2018 filed a revision petition in the Gujarat High Court, over ownership of the land.

On August 3, 2022, the high court dismissed directions by  the Gujarat Revenue Tribunal dated September 5, 2016, Valsad deputy collector dated August 11, 2018, and krushi panch mamlatdar dated August 8, 2013.

The high court on March 23, 2022, also passed a status quo after the owner of the land, Bhanushali filed a letters patent appeal and said that she was not a party in Gujarat Revenue Tribunal.

A Letter Patent Appeal (LPA) is a type of appeal that is typically filed in high courts. It is used to challenge the decision of a single judge of the high court before a division bench of the same court.

However, despite the letters patent appeal being pending on the disputed land, the BJP leader reportedly constructed ₹3.80 crore worth of bridge and 80 lakh boundary  wall on the land.

Valsad collector’s vacant post

The scam was reportedly carried out between July 6 and September 5, 2012, when the post of Valsad collector was vacant, and the land mafia, allegedly in collusion with in-charge collector Jagdish Gadhvi took advantage of the opportunity.

The tenure of the then collector Lakshman Patel ended on July 5. The tenure of the next collector Rupwant Singh  began on September 6, 2012.

Gadhvi ordered the Krushi Panch mamlatdar to include the names of the original owner’s heirs through a letter on September 3, 2012, two days before the new collector took charge.

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