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SCA/12269/2010 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 12269 of 2010
With
CIVIL
APPLICATION No. 10842 of 2010
In
SPECIAL
CIVIL APPLICATION No. 3665 of 2009
With
SPECIAL
CIVIL APPLICATION No. 3665 of 2009
=========================================================
PARBATBHAI
MULJIBHAI KAKADIYA - Petitioner(s)
Versus
STATE
OF GUJARAT THROUGH SECRETARY & 3 - Respondent(s)
=========================================================
Appearance :
SCA
NO.3655 OF 2009
MR R S
SANJANWAL LD SENIOR ADVOCATE for
Petitioner,
SCA
NO.12269 OF 2010
MR
DILIP L KANOJIYA for petitioner.
MR
NIKUNT RAVAL ASST GOVERNMENT PLEADER for Respondent(s) : 1,
None
for Respondent(s) : 2 -
4.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 24/09/2010
ORAL
ORDER
Rule.
Mr.Nikunt Raval, learned Assistant Government Pleader waives service
notice of rule on behalf of respondents.
2. Both
these petitions are arising out of the same issue and therefore both
the petitions are taken up for final hearing with the consent of
learned Advocates for the respective parties.
3. In
Special Civil Application No.12669 of 2010, the petitioner has sought
following reliefs.
“(A) YOUR LORDSHIPS may
be pleased to declare that Govt. Circular dated 04.07.2008 is
patently bad and illegal and that it cannot be retrospectively
applied to the case of the petitioner and it may be declared as
ultra-vires and further, it may be declared that the petitioner’s
case cannot be decided on the basis of such a Notification and that
the valuation of the land in question of the petitioner is required
to be fixed as on the date of the application;
(B) YOUR LORDSHIPS may be
pleased to issue a writ of mandamus and / or any other appropriate
writ, order or direction directing the respondents not to apply the
Govt. Circular dated 04.07.2008 in the case of the petitioner and
direct the Collector to decide the case of the petitioner as on the
basis of the valuation as on the date of the application;
(C) YOUR LORDSHIPS may be
pleased to declare that Government Resolution dated 04.07.2008 giving
retrospective effect and also demanding premium at 80 % of the Jantri
Valuation is bad, illegal, ultravires and violative of Articles 14,
21 and 300-A of the Constitution of India and the respondents be
restrained by the writ of Mandamus or any other appropriate writ,
order or direction prohibiting the respondents from operating and
applying the same.
(D) YOUR LORDSHIPS may be
pleased to grant such other and further reliefs as the Hon’ble Court
may deem fit in the facts and circumstances of the case.”
4. In
Special Civil Application No.3665 of 2009 the petitioner has sought
following reliefs.
“(a) YOUR LORDSHIPS may
be pleased to declare that the valuation made by the District Land
Valuation Committee – respondent No.4 in its report dated
31/08/2007 is patently bad and illegal, arbitrary, totally
exaggerated and that on the basis of the said valuation report, the
petitioner cannot be made to pay the premium amount and the said
report may be quashed and set aside and the valuation be fixed by
this Hon’ble Court on the basis of the Jantri and the documents
produced by the petitioner in the petition independently of the said
report and by applying the principles analogous to which are applied
under the Land Acquisition Act for fixing the valuation.
(b) YOUR LORDSHIPS may be
pleased to issue a writ of mandamus and / or any other appropriate
writ, order or direction directing the respondent authorities to
treat the applications filed by the petitioner as one under Section
65 of the Bombay Land Revenue Code and YOUR LORDSHIPS may be further
pleased to direct the respondents to consider and process the said
applications in accordance with the provisions of the Bombay Land
Revenue Code, 1897;
(c) In the alternative, YOUR
LORDSHIPS may be pleased to fix the market value and the premium, if
any, payable by adopting the principle analogy to the Land
Acquisition Act in fixing the market value and with reference to
Jantri produced and the evidence of various instances produced by the
petitioner in this matter and grant N.A. Permission on the said
posts.
(d) Pending admission and
final hearing of this petition, YOUR LORDSHIPS may be pleased to
direct the respondent authorities to forthwith grant N.A. Permission
on such conditions as though fit by this Hon’ble Court;
(e) YOUR LORDSHIPS may be
pleased to grant such other and further reliefs as the Hon’ble Court
may deem fit in the facts and circumstances of the case.”
5. Having
heard the learned Advocates appearing for the respective parties and
on the peculiar facts and circumstances of the case, following order
is passed.
5.1 The
petitioners will approach the Collector, Surat within a period of
four weeks from today with an application stating that the
petitioners are ready to pay the amount of premium on the basis of
Government Notification dated 04/07/2008.
5.2 If
such an application is received by the Collector, Surat the Collector
will decide the said application within a period of four weeks from
the date of receipt of the application and the outcome thereof will
be communicated to the petitioners in respect of NA permission
pursuant to the Government Notification dated 04/07/2008.
5.3 If
all conditions which are referred to in the Government Notification
dated 04/07/2008 are fulfilled and the payment is made by the
petitioners, the Collector will pass an order granting N.A. use
permission immediately on receipt of the premium.
5.4 The
petitioner will make an application for N.A.
use permission on the basis of final plot allotted to petitioners
under the Town Planning Act. It is further clarified that the
Collector will also inform the Town Planner that FSI should be
calculated on the basis of final plot and as and when the application
comes for further FSI, the Town Planner shall forward the matter to
the Collector for NA use for which FSI to be decided. The petitioner
will request the Collector to calculate the FSI only on the basis of
final plot and the application will be forwarded to the Town Planning
Officer.
6. With
the aforesaid directions, present petitions stand disposed of. So
far as Civil Application No.10842 of 2010 is concerned, in view of
disposal of main petitions, Civil Application does not survive and is
disposed of accordingly.
(K
S JHAVERI, J.)
sompura
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