SURAT PANJRAPOLE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Both these matters raise common questions and are argued together. The Special Civil Application No. 10744 of 1993 was referred by the learned Single Judge on 4-8-1994 to a Division Bench, and by order dated 4-11-1999, was required to be heard with the Letters Patent Appeal No. 576 of 1999.

(2.) The common question that arises in these two matters is, whether plots reserved for "Sub Centre" in the Town Planning Schemes can be handed over by the appropriate authority, which in the present case is the Surat Municipal Corporation, for development to other authorities for their use for setting up telephone exchange or offices of the nationalised banks and of the I.O.C., and as to whether such entrustment amounts to variation or change in the Scheme.

(3.) The Letters Patent Appeal No. 576 of 1999 arises from Special Civil Application No.9629 of 1992, in which the petitioner - Trust through its trustees sought a direction against the respondent - Municipal Corporation to withdraw its decision contained in the resolution No. 86 dated 9-4-1992 passed by the Standing Committee, at Annexure `B' to that petition, by which it was resolved to lease out the lands of final plot No. M/4 sub-plots Nos. P-1, P-3, P-4 and P-5 to the Banks and the Indian Oil Corporation Ltd. as mentioned therein for development on the terms and conditions determined by the Corporation in its General Meeting dated 15-12-1991, and further prayed for de-reserving the said final plot no. M/4 from the reservation made for "Sub Centre" in the Town Planning Scheme No. 9 (Majura), and to restore the same to the petitioner - Trust.