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SCA/19530/2007 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 19530 of 2007
=========================================================
PATEL
KIRIT PURSHOTTAMDAS - Petitioner(s)
Versus
GUJARAT
SLUM AREAS & 3 - Respondent(s)
=========================================================
Appearance
:
MR
RAJESH K SAVJANI for
Petitioner(s) : 1, 1.2.1, 1.2.2, 1.2.3, 1.2.4, 1.2.5, 1.2.6, 1.2.7,
1.2.8, 1.2.9, 1.2.10,1.2.11
Respondent(s) : 1 - 4 SERVED.
MR
HS MUNSHAW for Respondent(s) : 3,
MS ARCHANA RAVAL, AGP for
Respondent(s) :
4,
=========================================================
CORAM
:
HONOURABLE
MS. JUSTICE R.M.DOSHIT
and
HONOURABLE
MR.JUSTICE SHARAD D.DAVE
Date
: 10/09/2008
ORAL
ORDER
(Per
: HONOURABLE MS. JUSTICE R.M.DOSHIT)
The
petitioners are one Swami Akhand Anand Seva Trust, a public trust
registered as such and its trustees
(hereinafter referred to as, the Trust ).
The Trust has preferred the present petition under Article 226 of the
Constitution of India against the respondents Gujarat Slum Areas
(Improvement, Clearance and Redevelopment) Board, the Gujarat Slum
Clearance Board, the Gujarat Housing Board and the State of Gujarat.
In
response to the public notice given by the Gujarat Slum Clearance
Board for disposal of the lands situated at various places in the
State of Gujarat, the Trust offered to purchase the land admeasuring
2000 sq.meters situated at village Gota reserved for a primary
school, at the upset price of Rs.1,300=00 per sq.meter. On opening
the offers received by the Slum Clearance Board, the only valid offer
was that of the Trust. The tenders were opened on 19th
March, 2007. At the time the offers were opened, the Trust raised its
offer to Rs.1,311=00 per sq.meter. The said offer, however, was not
accepted. The Trust was called upon to submit its credentials,
particulars of educational activities, etc. The said information was
not furnished by the Trust. By communication dated 27th
July, 2007, the Trust was informed that since 1st April,
2007 the Gujarat Slum Clearance Board was merged in the Gujarat
Housing Board. By Resolution No.527 passed on 28th May,
2007, the Gujarat Housing Board had decided to cancel all tenders.
The
Trust has filed the present petition for directions to the
respondents to transfer the title deeds of the aforesaid land of
village Gota to the Trust.
In
answer to the notice issued by this Court, the respondent Gujarat
Housing Board has entered appearance and has filed counter affidavit.
It is stated that in the month of March, 2007 several plots of lands
in the State of Gujarat were offered for disposal by public auction
by the Gujarat Slum Clearance Board. Upon inquiry, large scale
irregularities were found to have been committed in disposal of
certain plots of lands. The Gujarat Housing Board had, therefore,
decided to cancel the process of public auction.
From
the above referred facts, it is evident that the tender submitted by
the Trust was not accepted on 19th March, 2007 or on any
other day thereafter. In absence of formal acceptance of the offer
made by the Trust, no completed contract was entered into by the
Trust and the Gujarat Slum Clearance Board. By mere making an offer
to purchase the plot of land, the Trust did not acquire right to
acceptance of its offer. In absence of an enforceable right created
in the Trust, the Trust is not entitled to the reliefs prayed for in
this petition.
The
petition is misconceived. Hence, it is rejected. Notice is
discharged.
(Sharad
D.Dave, J.) (Ms.R.M.Doshit, J.)
/moin
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