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SCA/16338/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 16338 of 2010
=========================================================
CHAHATBHAI
AMRATBHAI MANDORA - Petitioner(s)
Versus
STATE
OF GUJARAT - THROUGH SECRETARY & 5 - Respondent(s)
=========================================================
Appearance :
M/S
S G ASSOCIATES for Petitioner(s) : 1,
MR P.K. JANI, GOVERNMENT
PLEADER with MS KRINA CALLA, AGP for Respondent(s) : 1 - 3.
NOTICE
SERVED BY DS for Respondent(s) : 1 - 2, 6,
NOTICE SERVED for
Respondent(s) : 4,
MR MEHUL H RATHOD for Respondent(s) : 4,
MR
DHAVAL M BAROT for Respondent(s) : 5,
MR ANKIT Y BACHANI for
Respondent(s) :
6,
=========================================================
CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
and
HONOURABLE
MR.JUSTICE J.B.PARDIWALA
Date
: 18/07/2011
ORAL
ORDER
(Per
: HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA)
When
the case was taken up on 6th April, 2011, the Court passed following
order:-
“Pursuant
to the Court’s order dated 9.3.2011, Ms Sonal Mishra, IAS, Director
of Municipalities, Gujarat State appeared in person and explained the
matter. It was pointed out that after the show cause notice under
Section 37 of the Gujarat Municipalities Act, 1993 was issued on
15.9.2009, certain clarifications were called for from the Collector,
Banaskantha at Palanpur. While the officer was awaiting for the
report of the Collector, the President ceased to be a Councillor on
8.11.2010 and the 6th respondent ceased to be a Councillor
on 23.10.2010. In this background, the proceedings under Section 37
having become infructuous, the show cause notice was withdrawn.
2. The
learned counsel appearing on behalf of the 6th respondent
submits that the 6th respondent ceased to be a Councillor
pursuant to the earlier election. Now pursuant to the recent
election, he has again been elected as a Councillor of the Palanpur
Municipality. He could understand the mistake committed by
constructing a school building over the panchayat land and,
therefore, the said building has been handed over to the State.
3. The
learned counsel appearing on behalf of the State produced the
proceeding dated 28.3.2011 of the Palanpur Municipality to suggest
that the charge of the building has already been taken over and a
school is being run thereon.
4. The
learned counsel for the petitioner sought for and is allowed to
obtain instructions and file rejoinder, if any.
5. The
Municipality and the State will file affidavit giving status report
of the building and specifically state as to who is in charge of the
building as was constructed by the 6th respondent on the
land of the Municipality.
Appearance
of Ms Sonal Mishra, IAS, Director of Municipalities, Gujarat State
is dispensed with.
Post
the matter on 11th May, 2011.”
2. Now
one affidavit in reply has been filed by the Chief Officer, Palanpur
Municipality, Palanpur, wherein it is stated that on 3.5.2011 at 6.30
P.M the actual physical possession of the building has been handed
over to the Municipality and at present the building is in possession
and in the charge of the Municipality.
3. In
the affidavit filed by the Deputy Director, Directorate of
Municipalities, Gujarat State it has been stated that by
communication dated 18th April, 2011 addressed to the Collector,
approval was sought for resuming the possession of the land along
with the building constructed thereon. Thereafter, pursuant to the
Collector’s reply dated 2nd May, 2011 that no such permission is
required for taking over possession, the Nagar Palika has taken over
possession of the land along with the constructions made thereon.
4. In
view of such stand taken by the respondents, we hold that the
building in question constructed over the land of the Palanpur
Municipality now belongs to the said Municipality and neither 6th
respondent, nor Sagar Education and Charitable Trust or any other
individual can claim any right over the said property. The writ
petition stands disposed of with the aforesaid observations. There
shall be no order as to costs.
(S.J.
Mukhopadhaya, C.J.)
(J.B.
Pardiwala, J.)
*/Mohandas
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