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SCA/9692/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 9692 of 2008
=========================================================
DINESH
LALLUBHAI PATEL & 5 - Petitioner(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=========================================================
Appearance
:
MR
PR NANAVATI for
Petitioner(s) : 1 - 6.
MR SATYAM CHHAYA ASST GOVERNMENT PLEADER
for Respondent(s) : 1,
None for Respondent(s) : 2 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 28/07/2008
ORAL
ORDER
In
so far as the impugned order passed by the Secretary (Appeals),
Revenue Department, Government of Gujarat is concerned, I see no
interference is called for. In the said order (Annexure-A), it is
clearly outlined the manner in which previously the petitioners had
not availed the opportunity of paying premium for regularisation of
their unauthorised occupation. The offer of the petitioner to pay
premium earlier fixed at Rs.31,460/- with interest also cannot be
accepted. Since the said figure was arrived at long back and at the
relevant point of time, the petitioners were not ready and willing to
pay the said price. Even after adding interest thereon, in the facts
of the present case, possession of the petitioners cannot be
regularised.
The
Secretary in terms has provided that regularisation can be done in
the event the petitioner is ready to pay the current market price,
and in such case, the order of the Collector was therefore required
interference.
As
noted earlier, I am not inclined to interfere with the order passed
by the Secretary (Appeals), the said order was passed in April, 2008.
However, little relaxation can be given to the petitioners in case
the petitioners are ready to abide by the directives in the said
order of the Secretary to pay premium at the current market price. If
they so desirous, they may approach the authority by giving clear
undertaking in this respect. If such a representation is made within
two weeks hereof, the Collector shall decide the premium at the
prevailing market price and all other leviable charges which the
petitioners shall have to pay.
With
above observations, the petition is disposed of.
(
Akil Kureshi, J. )
kailash
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