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SCA/14046/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 14046 of 2010
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PUNABHAI
SOMABHAI & 6 - Petitioner(s)
Versus
SPECIAL
SECRETARY REVENUE DEPARTMENT (APPEALS) & 4 - Respondent(s)
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Appearance
:
MR
RA SEJPAL for
Petitioner(s) : 1, 1.2.1, 1.2.2, 1.2.3, 1.2.4, 1.2.5, 1.2.6,1.2.7
None for Respondent(s) : 1 -
5.
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CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 22/10/2010
ORAL
JUDGMENT
By
way of present petition, the petitioners have inter alia prayed for
quashing and setting aside the impugned order dated 09th
August 2010 passed by the respondent No.1 refusing to grant stay to
the petitioners against the order of the Collector, Junagadh fixing
the amount of premium at Rs.6,07,025/- and confiscation of the land
bearing Survey No.81/4 situated in the sim of village Umba, Taluka
Veraval, District Junagadh.
Having
considered the facts and circumstances of the case, contentions
raised by the learned counsel for the petitioners, averments made in
the petition, contents of the impugned orders, and the documentary
evidence produced on record, it transpires that the respondent
authority has assigned cogent and convincing reasons for arriving
the conclusion. It is required to be noted that since the
petitioners were not ready and willing to pay the amount of premium
for conversion from new tenure to old tenure, the Collector has
passed the impugned order of confiscation. It is observed by the
Revisional Authority that there is prima faice no error in the order
passed by the Collector. In view
of aforesaid, I am of the opinion that the view taken by authorities
below is just and proper. The authorities below have assigned cogent
and convincing reasons for arriving at the conclusion. I do not find
any illegality much less any perversity in the findings recorded by
the authorities below. I am in complete agreement with the findings
recorded by the authorities below.
At
this stage, Mr.R.A. Sejpal, learned advocate for the petitioners,
has submitted that the petitioners are ready and willing to pay the
amount of premium of Rs.6,07,025/- as directed by the Town Planner
vide communication dated 27th
June 2006 with interest as may be fixed by this Court. In that view
of the matter, the following directions are issued to meet the
ends of justice :
The
petitioners will make an application to the respondent-Collector on
or before 30th November 2010, stating that they are ready
and willing to pay premium of Rs.6,07,015/- with interest at the
rate of 12% per annum from 27th June 2006 till date, for
conversion of land from new tenure to old tenure.
If
such an application is made by the petitioners for payment of
premium along with interest in respect of the land in question, the
respondent-Collector will decide the said application and will
direct the petitioners to pay the premium accordingly as on 27th
June 2006.
The
petitioners are directed to make payment of such amount within a
period of four months from the date of such intimation from the
respondent-Collector.
If
such an application as mentioned in Clause (i) hereinabove is made
by the petitioners on or before 30th November 2010, the
same will be decided by the respondent-Collector on or before 31st
December 2010; and if no such application is made by the petitioners
on or before 30th November 2010, the respondent-Collector
will be entitled to implement the impugned orders.
With
above observations and directions, present petition stands disposed
of.
Direct
Service is permitted.
(K.S.
Jhaveri, J)
Aakar
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