GUJARAT HOUSING BOARD Vs. KALPESHKUMAR NARANBHAI PATEL

JUDGEMENT

(1.) In Special Civil Application No.6175/1999, this Court has heard Mr.S.B.Pandit, learned advocate appearing on behalf of the petitoner - Gujarat Housing Board and Mr.R.M.Chauhan, learned AGP appearing on behalf of the respondent No.5 so also Mr.B.S.Patel, learned advocate for respondent Nos.1 to 4. This Court has also heard Mr.R.M.Chauhan, learned AGP appearing on behalf of the petitioner and Mr.B.S.Patel, learned advocate for respondent Nos.1 to 3 in Special Civil Application No.5274/1999.

(2.) So far as Special Civil Application No.6175/1999 is concerned, this Court has issued RULE on 20th August, 1999 and also issued notice as to interim relief returnable on 16th September, 1999. However, during the interim period, by way of ad-interim relief upto 16th Sept.,1999 has stayed the operation and implementation of the impugned order at Annexure-A dated 13th January, 1999, subject to conditions that the petitioner shall not allot, dispose of or otherwise, deal with the property and / or tenements constructed on the land in question. This ad-interim order has been extended from time to time and subsequently, it has been clarified on 14th December, 1999. In Special Civil Application No.6175 / 1999, on behalf of the respondents, affidavit-in-reply has been filed by one Kalpeshkumar Naranbhai Patel as respondent No.1 on 17th December, 1999, however, no rejoinder has been filed by the petitioner against the said reply filed on behalf of the respondent No.1. Similarly, in Special Civil Application No.5274/99, one Kalpeshkumar Naranbhai Patel - respondent No.1 has filed affidavit-in-reply on 3rd October, 2001. However, no rejoinder has been filed by the petitioner. Whereas, in Special Civil Application No.5274 / 1999, this Court has issued RULE returnable on 19th August, 1999 by order dated 21st July, 1999 and thereafter on 19th August, 1999, by way of ad-interim relief granted ad-interim relief staying operation and implementation of the impugned order dated 30th January, 1999 coupled with direction to parties to maintain status quo as to title and possession as it prevails today. This Court has extended the ad-interim relief granted earlier from time to time and by order dated 6th December, 1999 further ordered to remain the earlier order to continue.

(3.) In both these petitions, Special Civil Application Nos. 6175 and 5274 of 1999, the order dated 30th January, 1999 passed by the Appellate Tribunal under the provisions of Urban Land Ceiling Act, has been challenged by the Gujarat Housing Board and the State Government respectively and therefore, considering the fact that these two petitions are based on the similar facts and circumstances and since the challenge in these two petitions is common one, they are heard together and same are proposed to be disposed of this common judgment.