RAJESHBHAI CHAMPAKLAL SHAH vs STATE OF GUJARAT

R/SCR.A/12969/2026 (GJHC240547072026) JUDGMENT DATED:
03/09/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 12969 of 2026

FOR APPROVAL AND SIGNATURE:


HONOURABLE MRS. JUSTICE M. K. THAKKER

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Approved for Reporting Yes No
YES
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RAJESHBHAI CHAMPAKLAL SHAH
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR NV GANDHI(1693) for the Applicant(s) No. 1
MR NIRAJ SHARMA, ADDL.PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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CORAM: HONOURABLE MRS. JUSTICE M. K. THAKKER

Date : 03/09/2026

JUDGMENT
1 The present petition has been filed under Articles 226
and 227 of the Constitution of India read with Section
528 of the Bharatiya Nagarik Suraksha Sanhita, 2023,
challenging the order dated 16.04.2026 passed by
the learned Additional Sessions Judge, District and
Sessions Court, Vadodara, in Criminal Inquiry No.8 of
2023 (Special Land Grabbing Case), whereby the
order dated 21.09.2021 passed by the Land Grabbing
Committee has been confirmed, holding that no
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offence under the Gujarat Land Grabbing
(Prohibition) Act has been made out.
2 Factual matrix:
2.1 The subject land bearing Survey No.6 was
inherited by Late Champaklal Manilal Shah, father
of the present petitioner. He expired on
21.05.1997. Upon his demise, by way of
Succession Entry No.1165 dated 02.05.2000, the
names of his legal heirs, including that of the
present petitioner, came to be entered in the
revenue record. In the month of February 2017,
one Rajubhai Patel along with his associate,
namely, Ganeshbhai, approached the co-owner,
namely, Shaileshbhai Champaklal Shah, and
inquired as to whether he was willing to sell the
subject land. It was informed by Rajubhai that one
Rahul Amrutlal Barot, who was engaged in dealing
in the sale and purchase of large parcels of land,
along with Harsh Patel, was interested in
purchasing the subject land and was willing to
offer a good price. The co-owner initially proposed
the sale consideration at the rate of Rs.1,500/- per
square foot, however, the final transaction was
agreed upon at the rate of Rs.1,350/- per square
foot, amounting to a total consideration of
Rs.40,26,91,000/-. It was assured that the entire
sale consideration would be paid within a period of
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one year by the respondents. A rough
Banakhat/Satakhat was accordingly prepared,
along with an affidavit for the purpose of seeking
conversion of the land to non-agricultural use. For
the purpose of obtaining a title clearance
certificate, the petitioner handed over the relevant
documents to learned advocate Mr. Yunus Pathan,
along with photocopies of his driving licence and
PAN Card. At that stage, a cheque of Rs.5 Lakh
was handed over to the co-owner. Thereafter, a
public notice was published in the local newspaper
on 19.03.2017 for the purpose of obtaining the
title clearance certificate. Subsequently, the said
cheque was not deposited with the Bank and was
returned to respondent No.5. It is alleged that,
thereafter, without the knowledge of the co-owner,
Shaileshbhai, an amount of Rs.5 Lakh was
deposited in the Bank account by an unknown
person, namely, Ajay Shah. The said amount was
subsequently returned upon the transaction being
found suspicious.
2.2 Thereafter, the Satakhat and Memorandum of
Understanding came to be executed for the
purpose of conversion of the agricultural land into
non-agricultural land, and an affidavit of the HUF
was also executed. It is alleged that an amount of
Rs.15 Crore was paid by way of a cheque drawn on
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the Central Bank of India, however, subsequently,
instructions were given not to deposit the said
cheque on the ground that such deposit would
create difficulties with the Income Tax
Department. Thereafter, information was
conveyed for cancellation of the Satakhat and it
was proposed that a fresh Satakhat be executed
for a lesser amount.
2.3 It is further alleged that, thereafter, a forged
Satakhat and power of attorney were prepared and
were used for the purpose of executing the sale
deed. Subsequently, on 20.01.2018, three persons,
as alleged, visited the residence of the co-owner
and showed him the sale deed pertaining to the
subject land. It was then discovered that, on the
basis of the aforesaid power of attorney, one
Anirudhdhsinh Gohil, resident of Porbandar, had
executed a registered sale deed dated 07.10.2017
in favour of respondent No.14, namely, Thakar
Shyamalbhai Upendrabhai, for a total sale
consideration of Rs.2.75 Crore. On the basis of the
aforesaid allegations, the FIR being I-C.R. No.63 of
2018 came to be registered on 26.07.2018.
2.4 During the course of investigation, relevant
material was collected, including the statement of
the Notary who had obtained the signature and
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thumb impression of the co-owner, as well as the
statement of the power-of-attorney holder, who
stated that no power of attorney had been
executed in his favour. Upon completion of the
investigation, the chargesheet came to be filed
and the said criminal case is presently pending for
trial. Thereafter, the present petitioner also
instituted Civil Suit No.198 of 2018 seeking
cancellation of the sale deed. The application
below Exhibit 5 was initially not decided, however,
pursuant to the order passed by this Court in the
Appeal from Order, the said application came to be
decided in favour of the present petitioner
2.5 During the pendency of the aforesaid suit, the
purchaser also instituted a suit seeking a
declaration that the sale deed is valid and lawful,
along with a prayer for injunction restraining the
transfer of the subject land. The said suit is also
pending and, as on date, no interim protection has
been granted in favour of the purchaser.
Thereafter, the purchaser transferred the subject
land in favour of other persons on 23.07.2018. In
respect thereof, the present petitioner instituted
Special Civil Suit No.234 of 2018, wherein the
application below Exhibit 5 also came to be
allowed in favour of the present petitioner.
Thereafter, the petitioner raised a grievance under
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the Gujarat Land Grabbing (Prohibition) Act and
filed a complaint before the Committee constituted
under the chairmanship of the Collector on
26.02.2021. The Committee, upon consideration of
the matter, opined that, since civil suits in respect
of the subject land were already pending before
the competent Civil Court, the petitioner could
avail the appropriate remedy under the civil law.
The said order was challenged before the learned
Special Court; however, the challenge came to be
rejected. The said order is now the subject matter
of challenge before this Court in the present
proceedings
3 Heard the learned advocate Mr. Gandhi for the
petitioner.
4 Learned advocate Mr. Gandhi for the petitioner
submits that the petitioner is the owner of the
subject land and is also in possession thereof. It is
submitted that, despite the petitioner being the
lawful owner and in possession of the subject land,
various proceedings have been instituted on the
basis of a forged Power of Attorney, which are the
subject matter of challenge before the competent
Civil Court. It is further submitted that, though an
F.I.R. has already been registered alleging
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commission of offences punishable under the
provisions of the Indian Penal Code, the respondents,
by instituting one proceeding after another, have
attempted to grab the subject land. It is, therefore,
submitted that, instead of rejecting the application,
the learned authority ought to have directed
registration of an F.I.R. under the provisions of the
Gujarat Land Grabbing (Prohibition) Act. In the
aforesaid background, learned advocate Mr. Gandhi
prays that the present petition be allowed.
5 Having considered the submissions advanced by
learned advocate for the petitioner and upon perusal
of the voluminous record annexed with the petition, it
emerges that the present petitioner has filed a
complaint under the Gujarat Land Grabbing
(Prohibition) Act against as many as 21 persons. It is
not in dispute that the subject land is presently in the
possession of the petitioner. The petitioner has also
been granted protection by the competent Civil
Court. It further appears that, after institution of
Regular Civil Suit No.142 of 2018, no further
proceedings have been initiated by the respondents
in respect of the subject land.
6 This Court has referred the provisions of Land
Grabbing more particularly the definitions of "land
grabbing" and "land grabber" as contained in
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Sections 2(d) and 2(e) of the Gujarat Land Grabbing
(Prohibition) Act, which read as under:
“(d)“land grabber” means a person who commits land
grabbing and includes any person who gives financial
aid to any person for taking illegal possession of lands
or for construction of unauthorized structures thereon,
or who collects or attempts to collect from any occu-
piers of such lands rent, compensation and other
charges by criminal intimidation, or who abets the do-
ing of any of the above mentioned acts, and also in-
cludes the successors-in-interest;
(e) “land grabbing” means every activity of land grab-
ber to occupy or attempt to occupy with or without the
use of force, threat, intimidation and deceit, any land
(whether belonging to the Government, a Public Sector
Undertaking, a local authority, a religious or charitable
institution or any other private person) over which he
or they have no ownership, title or physical possession,
without any lawful entitlement and with a view to ille-
gally taking possession of such land or creating illegal
tenancies or lease or licence, agreements or transfer or
sale or by constructing unauthorized structures thereon
for sale or hire or use or occupation of such unautho-
rized structures and the term “grabbed land” shall be
construed accordingly.”
7 It would be apt to refer the decision of the Apex
Court discussing the above provision in the case of
Konda Lakshmana Bapuji Vs. Govt of A.P. and
Others reported in (2002) 3 SCC 258 has held as
under:
“30.A perusal of clause (d) shows that the expression
“land grabber” takes in its fold: (1) a person or a group
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of persons who commits land grabbing; (2) a person who
gives financial aid to any person for (a) taking illegal
possession of the lands, or (b) construction of unautho-
rised structures thereon; (3) a person who collects or at-
tempts to collect from any occupiers of such lands rent,
compensation and other charges by criminal intimidation;
(4) a person who abets the doing of any of the above-
mentioned acts; and (5) the successors-in-interest of such
a person. Among these five categories, the first category
is relevant for the present discussion — a person or a
group of persons who commits land grabbing.
31.Clause (e) of Section 2, quoted above, defines the ex-
pression “land grabbing” to mean: (1) every activity of
grabbing of any land (whether belonging to the Govern-
ment, a local authority, a religious or charitable institu-
tion or endowment, including a wakf, or any other pri-
vate person) by a person or group of persons; (2) such
grabbing must be: (i) without any lawful entitlement,
and (ii) with a view to: (a) illegally taking possession of
such lands; or (b) to enter into or create illegal tenan-
cies, lease and licence agreements or any other illegal
agreements in respect of such lands; or (c) to construct
unauthorised structures thereon for sale or hire; or (d) to
give such lands to any person on (i) rental, or (ii) lease
and licence basis for construction, or (iii) use and occu-
pation of unauthorised structures.
32.Inasmuch as the aforementioned expressions are de-
fined employing the term “grabbing”, it is necessary to
ascertain the import of that term. It is not defined in the
Act. It is not a technical term or a term of art so it has
to be understood in its ordinary common meaning.
33. The meaning of the term “grab” in the New Inter-
national Webster's Comprehensive Dictionary of the Eng-
lish Language, is given as follows:
“To grasp or seize forcibly or suddenly; to take posses-
sion of violently or dishonestly; to make a sudden grasp.
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See synonyms under grasp — (i) The act of grabbing, or
that which is grabbed. (ii) A dishonest or unlawful tak-
ing possession or acquisition. (iii) An apparatus for grap-
pling.”
34. In Words and Phrases, Permanent Edn., Vol. 18, the
meaning of “grab” is noted as under:
“The word ‘grab’ means an act or practice of appropri-
ating unscrupulously, as in politics. Smith v. Pure Oil
Co. [128 SW 2d 931, 933, 278 Ky 430]
The word ‘grab’ means a seizure or acquisition by vio-
lent or unscrupulous means. Smith v. Pure Oil Co.
[(1980) 1 SCC 290 : AIR 1980 SC 161]
The word ‘grab’ means to seize, grasp, or snatch
forcibly or suddenly with the hand, hence to take pos-
session of suddenly, violently, or dishonestly. Smith v.
Pure Oil Co. [(1980) 1 SCC 290 : AIR 1980 SC 161] ”
35.Corpus Juris Secundum, Vol. 38, records the meaning
of the term “grab' thus:
“As a verb, to seize, grasp or snatch forcibly or sud-
denly with the hand, hence to take possession of sud-
denly, violently, or dishonestly.”
36. In Concise Oxford Dictionary, the following meanings
of the word “grab” are noted:
“seize suddenly; capture, arrest; take greedily or un-
fairly; attract the attention of, impress; make a sudden
snatch at; intr. (of the brakes of a motor vehicle) act
harshly or jerkily; n. (i) a sudden clutch or attempt to
seize; (ii) a mechanical device for clutching”.
37. The various meanings noted above, disclose that the
term “grab” has a broad meaning — to take unauthoris-
edly, greedily or unfairly — and a narrow meaning of
snatching forcibly or violently or by unscrupulous means.
Having regard to the object of the Act and the various
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provisions employing that term we are of the view that
the term “grab” is used in the Act in both its narrow as
well as broad meanings. Thus understood, the ingredi-
ents of the expression “land grabbing” would comprise
(i) the factum of an activity of taking possession of any
land forcibly, violently, unscrupulously, unfairly or
greedily without any lawful entitlement, and (ii) the
mens rea/intention — “with the intention of/with a view
to” (a) illegally taking possession of such lands, or (b)
enter into or create illegal tenancies, lease and licence
agreements or any other illegal agreements in respect of
such lands, or (c) to construct unauthorised structures
thereon for sale or hire, or (d) to give such lands to any
person on (i) rental, or (ii) lease and licence basis for
construction, or (iii) use and occupation of unauthorised
structures.
38.A combined reading of clauses (d) and (e) would sug-
gest that to bring a person within the meaning of the
expression “land grabber” it must be shown that: (i)(a)
he has taken unauthorisedly, unfairly, greedily, snatched
forcibly, violently or unscrupulously any land belonging
to the Government or a local authority, a religious or
charitable institution or endowment, including a wakf, or
any other private person; (b) without any lawful entitle-
ment; and (c) with a view to illegally taking possession
of such lands, or enter or create illegal tenancies or
lease and licence agreements or any other illegal agree-
ments in respect of such lands or to construct unautho-
rised structures thereon for sale or hire, or give such
lands to any person on rental or lease and licence basis
for construction, or use and occupation of unauthorised
structures; or (ii) he has given financial aid to any per-
son for taking illegal possession of lands or for construc-
tion of unauthorised structures thereon; or (iii) he is col-
lecting or attempting to collect from any occupiers of
such lands rent, compensation and other charges by
criminal intimidation; or (iv) he is abetting the doing of
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any of the abovementioned acts; or (v) that he is the
successor-in-interest of any such persons.
39.It must be borne in mind that for purposes of taking
cognizance of a case under the Act, existence of an alle-
gation of any act of land grabbing is the sine qua non
and not the truth or otherwise of such an allegation. But
to hold that a person is a land grabber it is necessary to
find that the allegations satisfying the requirements of
land grabbing are proved.
8 The ingredients constituting the expression "land
grabbing", as explained by the Hon'ble Apex Court in
the aforesaid decision, would comprise the following
essential elements:
(i) the factum of an activity involving taking possession
of land forcibly, violently, unscrupulously, unfairly or
greedily, without any lawful entitlement; and
(ii) the requisite mens rea or intention, namely, "with
the intention or due to" any of the following acts:
(a) illegally taking possession of such land; or (b) enter-
ing into or creating an illegal tenancy, lease, licence
agreement or any other illegal agreement in respect of
such land; or (c) constructing or causing to be con-
structed any unauthorised structure thereon for the pur-
pose of sale or hire; or (d) giving such land to any per-
son on: (i) rental basis; (ii) lease or licence basis for
construction; or (iii) use and occupation of an unautho-
rised structure.
9 Undoubtedly, the possession of the subject land is
presently with the petitioner, and the petitioner has
also been protected by the competent Civil Court. It
is further not in dispute that an F.I.R. in respect of the
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identical grievance is already pending before the
learned Trial Court. The ingredients of the definitions
of “land grabbing” and “land grabber” require the
petitioner to establish that the person alleged to be a
land grabber has, without any lawful entitlement,
unauthorizedly, forcibly, violently, unscrupulously,
unfairly or greedily taken possession of the land
belonging to the petitioner. In the opinion of this
Court, having regard to the aforesaid factual position,
the essential ingredients for attracting the provisions
of the Gujarat Land Grabbing (Prohibition) Act are not
made out. This Court is, therefore, of the considered
opinion that no error can be said to have been
committed by the learned Special Court in rejecting
the inquiry and confirming the order passed by the
Committee.
10 Resultantly, present petition stands rejected.
(M. K. THAKKER,J)
M.M.MIRZA
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