PORBANDAR NAGARPALIKA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner is Porbandar Nagarpalika. It has filed this petition against the State Government and the Collector as they are trying to deal with and sell open plots of land situated within the Municipal limits of the petitioner. The case of the petitioner is that all open plots of land vest in and belong to the petitioner. The petitioner, therefore, prays, that a suitable writ or order be issued restraining the State and its officers from dealing with open plots of land situated within its Municipal limits and to declare that disposal of S. No. 1-4-1 and other plots by the Government in favour of Jawaharlal Nehru Education Institute and Washermen of Porbandar is illegal and without any authority of law.

(2.) The Government of Saurashtra, by a Notification dated 3/07/1950, issued in exercise of the powers under sub-sec. (1) of Sec. 50 of the Bombay District Municipal Act, 1901, as adapted and applied to the State of Saurashtra, declared that all vacant unsold plots of land measuring 500 sq. yards or less between the houses and abutting on roads and situated within the limits of the Municipalities mentioned in the Schedule to the said notification, shall not be reserved by the Government. By the said notification, the Government also declared that such vacant unsold plots shall vest in and belong to the Municipalities. By a subsequent Notification dated 24/06/1955, issued under Sec. 50 of the Act, the Government transferred to Porbandar Municipality all vacant plots situated within the limits of the said Municipality and belonging to the Government, except the plots which were reserved for local public purposes and which were described in the Schedule appended thereto. Thereafter on 7/09/1970 the Government of Gujarat passed a resolution with respect to the disposal of lands of survey numbers and Kharaba numbers situated within the municipal limits of the Municipalities of Saurashtra area. By the said resolution, it was pointed out to all the Municipalities of Saurashtra area that the correct legal position under the Act and the aforesaid two notifications was that the lands of Government survey number and Government Kharaba numbers would not be called 'plots' and they were not vested in the Municipalities under the aforesaid Government of Saurashtra notifications. This resolution was withdrawn by the Government by passing another resolution on 17-1-1980. In view of the aforesaid notifications and the resolutions passed by the Government of Gujarat on 17-1-1980, it is contended by the petitioner that all open plots, including survey numbers and Kharaba lands belonging to the Government, except those which are specifically reserved, vest in and belong to the petitioner. Therefore, the petitioner alone has a right to dispose them of by sale, lease, etc., and neither the Collector nor the State Government has power to do so. It is further contended that in spite of this correct legal position, the State Government and the Collector have disposed of three plots, as stated above, and are also trying to dispose of more plots, even though they have no authority to do so.

(3.) On the other hand what is contended by the learned Assistant Government Pleader appearing for the State is that open plots of land, including survey numbers and Kharabas belonging to the Government, though vested in the petitioner- Municipality, do not vest in the Municipality absolutely and, therefore, it is open to the Government to dispose of those plots and even to resume the same.