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SCA/11100/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 11100 of 2010
=========================================
BHARAT
SANCHAR NIGAM LIMITED THRO'ASSISTANT GENERAL MANAGER - Petitioner(s)
Versus
STATE
OF GUJARAT THROUGH SECRETARY & 3 - Respondent(s)
=========================================
Appearance :
MR
GAURANG H BHATT for
Petitioner(s) : 1,
MS JIRGA JHAVERI, AGP for Respondent(s) :
1,
NOTICE SERVED BY DS for Respondent(s) : 1 - 2, 4,
MR ASHISH
M DAGLI for Respondent(s) :
3,
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CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 18/02/2011
ORAL
ORDER
1. By
way of this petition under Article 226 of the Constitution of India
the petitioner-BSNL has prayed for an appropriate writ, order or
direction directing the Junagadh Municipal Corporation to deliver
629.11 sq meter of land out of land bearing Survey No. 359 as
described in the registered sale deed no. 1124 dated 30/03/2004.
2. It
is also further prayed to quash and set aside the impugned letters
cum orders dated 05/04/2002, 11/04/2002 and 03/11/2008 issued by
respondent no. 4 i.e. Administrator, Datar Estate & Mamlatdar,
Junagadh.
3. Having
heard Shri Gaurang Bhatt, learned advocate appearing on behalf of the
petitioner, Ms. Jirga Jhaveri, learned AGP appearing on behalf of
respondents nos. 1, 2 and 4 and Shri Nirav Sanghvi, learned advocate
appearing on behalf of respondent no. 3 admittedly it appears that
the petitioner has purchased 629.11 sq meters of land out of the land
bearing Survey No. 359 paiki situated at Junagadh by registered sale
deed dated 30/03/1994. It appears that when the petitioner started
putting up construction of the compound wall and gave advertisement
in the newspaper and invited tenders for the same the State
authorities objected to the same vide communications dated
05/04/2002, 11/04/2002 and 03/11/2008 on the ground that the
petitioner is not the owner of the land in question. It appears that
subsequently after the present petition was filed the aforesaid
communications by respondent no. 4 are already withdrawn, and,
therefore, as such, as on today, there is no dispute with respect to
the ownership of the land bearing Survey No. 629.11 sq meters of land
out of the land bearing Survey No. 359 paiki. However, it appears
that there is some dispute with respect to the description of the
property purchased by the petitioner. There is a dispute that which
portion of the land admeasuring 629.11 sq meter out of the land
bearing Survey No. 359 paiki was purchased by the petitioner. From
the communication dated 24/12/2010 by the Deputy Commissioner,
Junagadh Municipality addressed to the petitioner, it appears that,
according to respondent no. 3 possession of the land as per the
description in the sale deed dated 30/03/1994 has already been handed
over to the petitioner. From the communication dated 24/12/2010 it
appears that the description, which is given is about the entire land
of Survey No. 359 paiki and not with respect to the land bearing
Survey No. 629.11 sq meter out of the land bearing Survey No. 309
paiki. It is to be noted that in fact it is not the case on behalf
of the petitioner that the petitioner had purchased the land bearing
Survey No. 359 paiki. Thus, the communication by the Deputy
Commissioner, Junagadh Municipality dated 24/12/2010 cannot be
considered. In the facts and circumstances of the case, this Court
is of the opinion that if the joint meeting of the representative of
the petitioner; Commissioner of respondent no. 3 Municipality and the
Collector is held only for the limited purpose of demarcation of the
land admeasuring 629.11 sq meter of land out of the land bearing
Survey No. 359 paiki, which has been purchased by the petitioner by
registered sale deed it will meet the ends of justice. The aforesaid
exercise shall only be for the purpose of demarcation of 629.11 sq
meter of land out of the land bearing Survey No. 359 paiki in favour
of the petitioner. The Collector, Junagadh is hereby directed to see
that the Joint meeting of the petitioner, Commissioner of respondent
no. 3 Municipality and the Collector is held at the earliest and
appropriate decision is taken at the earliest but not later than
three months from the date of receipt of the present order.
Thereafter, it will be open for the petitioner to initiate
appropriate proceeding for getting peaceful and vacant possession,
which is demarcated and to remove the encroachment and/or to get back
peaceful possession.
4. With
this, the present petition is disposed of.
(M.R.
SHAH, J.)
siji
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