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SCA/19875/2005 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 19875 of 2005
=========================================================
NATVARLAL
KHIMCHANDBHAI MAVANI - Petitioner(s)
Versus
LOKPAL
& DIST.JUDGE & 1 - Respondent(s)
=========================================================
Appearance
:
MS
HINA DESAI for
Petitioner(s) : 1,
GOVERNMENT PLEADER for Respondent(s) : 1,
MR
AR MAJMUDAR for Respondent(s) : 1,
MR NK MAJMUDAR for
Respondent(s) : 1,
RULE SERVED for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 13/01/2010
ORAL
ORDER
1. The
petitioner herein has prayed to quash and set aside the order dated
28.01.2002 passed by the Lokpal, Surendranagar.
2. The
house of the petitioner was badly affected due to earthquake. The
petitioner received a notice from the office of Chief Officer,
Wadhwan Nagar Palika on 02.02.2001 instructing the petitioner to
evict his property in public interest within three days. The
petitioner wrote a letter to the Executive Magistrate to survey his
property as his property was largely affected by earthquake and to
grant aid accordingly. The respondent no. 2 gave a letter to the
petitioner that his property was resurveyed and it falls in the
category of G-3/2 and the amount of Rs. 5000/- is sanctioned. The
petitioner made an application to Lokpal on 09.08.2002 to make a
resurvey by Revision Application No. 2843. Being aggrieved by the
order dated 28.01.2002 passed by the Lokpal the present petition is
preferred.
3. Ms.
Desai, learned advocate appearing for the petitioner has submitted
that the Lokpal has ignored all the facts and denied the order of
engineer dated 13.03.2001 and 23.06.2001 and has also bypassed the
opinion of the committee which gave report in the year 2002.
4. This
court has heard learned advocates appearing for the parties and
perused the papers on record. The Lokpal has observed that the
petitioner as per the first survey was entitled to get only 20%
damages and therefore the property was considered in G/2 category and
Rs. 2500/- amount was sanctioned. Thereafter in resurvey the said
property was put in vategory G/3 and 20% more damages were shown and
Rs. 8200/- was sanctioned. Rs. 5000/- was given as financial aid as
per the report of engineer. A sub committee consisting of two
advocates had also personally visited the place and as per their
opinion there was heavy damage of property. However, as per the
Government Resolution dated 19.06.2001 since the survey could be done
only once, the Lokpal thought it fit not to cause any interference in
the case of the petitioner.
5.
The Lokpal has considered the facts of the case in accordance with
law more particularly the Government Resolution dated 19.06.2001
which says that the resurvey can be done only once. Merely because
the neighbouring houses are given amount for damages on the higher
side, the same cannot be the basis for the house of the petitioners.
The court cannot substitute the opinion of the surveyor. I am in
complete agreement with the reasonings adopted by and findings
arrived at by the authority.
6. In
the premises aforesaid, this petition is dismissed. Rule is
discharged. No order as to costs.
(K.S.
JHAVERI, J.)
Divya//
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