RAMANBHAI SAVJIBHAI JAKHWADIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY this petition under Article 226 of the Constitution of India, the petitioner has challenged order dated 30-3-2009 passed by the Collector, Ahmedabad, the respondent No.2 herein, forfeiting the land bearing Survey No.58/1 admeasuring 3630 sq.mtrs.

(2.) SHORT facts arising from the present petition are that petitioner society, a Registered Co-operative Society formed in 1977 by the members, was allotted land admeasuring 3630 sq.mtrs. of Survey No.58 of Vejalpur, Ahmedabad, for construction of residences of its members on certain terms and conditions. Thereafter, non-agricultural permission and Raja Chhiti were granted by the concerned authorities. As the land was uneven and a Talavdi, levelling and filling were done on the land and construction was completed upto plinth level. As there were encroachments by hutment dwellers on one side of the said land, several representations were made to the authorities. On introduction of Draft Town Planning Scheme No.3 of Vejalpur after enactment of Gujarat Town Planning and Urban Development Act in June, 1976, there was a major change in the boundaries of the land allotted to the petitioner society and as a result of which, the construction of the houses made by the members of the society on the land became invalid. When construction was going on prior to allotment of Final Plot, the petitioner society was directed by the respondent No.4 by notice dated 18-12-1981 to stop construction on the land in question. Thereafter on 23-11-1984 when revised lay out plan was sanctioned, land admeasuring 900 sq.yrds. of the society was deducted by the authority and, therefore, compensation was sought by the petitioner society to be awarded towards said deduction. The respondent No.4 thereafter allotted Final Plot No.89 to the petitioner society vide communication dated 26-3-1985. As there were encroachments even after allotment of Final Plot No.89, complaint was made to the police for its removal apart from making representation to respondent No.2. Due to aforesaid restraints, construction of their residential houses could not be completed. Thereafter in 1989, a development permission as per the revised plan was granted by the Local Area Development Authority and it was extended for a period of two years. Pursuant thereto, some members constructed pukka houses and some kachha houses and they are residing therein by regularly making payments towards taxes, electricity bills, revenues, etc. However, on 12th/18th May, 1999, the petitioner society requested the respondent No.2 for construction of flats on the said land for its members. On 25-6-2000, a panchnama was drawn by Talati-cum-Mantri that there were three pukka houses and 20 kachha houses. Thereafter, certain details were sought by the respondent No.3. Due to earthquake in 26-1-2001, they did not construct flats instead decided to construct tenements as per the sanctioned plan and sought permission to induct new members in the society for availing financial assistance. However, the respondent No.2 initiated suo motu proceedings by issuing a show cause notice on 12-7-2001 for breach of condition No.4 of allotment order of 1971. A reply to the said notice was given but no action was thereafter taken by the respondent authorities. Vide notification dated 20-7-2006 issued by the State Government, land of the petitioner society was included in the existing limits of the City of Ahmedabad. Thereafter in 2006 when petitioner society submitted a revised plan to the respondent No.4 for construction of flats and commercial premises on the said laid in 2006 for its members, existing pukka and kachha constructions were directed to be removed. All of its members undertook to remove their pukka and kachha houses as directed by the respondent No.4. An application submitted to District Registrar for change of name was allowed and the members paid Rs.19.00 lakhs to the local authority towards development and scrutiny fees. The respondent No.4 thereafter suspended the development permission granted to the petitioner and directed them to obtain necessary permission from the respondent No.2. When they approached the respondent No.2, a show cause was issued to the petitioner society. Meanwhile, when the society requested the respondent No.4 by representation dated 24-6-2008, NA permission was directed to be produced. According to the petitioner, initial allotment of land was for NA purpose and is still standing as NA in revenue records. The petitioner on 27-2-2008 submitted an application to respondent No.2 for construction of flats. However, once again suo motu show cause notice was issued by the respondent No.2 on 28-4-2008 for the alleged breach of condition of allotment after a period of more than 38 years. In pursuance of reply submitted by the petitioner on 6-5-2008, members of the society were directed to remain present by the respondent No.2 with all details of new and existing members and on 27-5-2008, they remained present and submitted all required details. Thereafter, on 17-6-2008, the members were required to submit their willingness to deposit the premium as may be fixed by respondent No.2 as per the jantri for considering the proposal of petitioner Society. All these details were also furnished by the petitioner society. As nothing was done by the respondent No.2, the petitioner society filed Special Civil Application No.2590 of 2009. However, during the pendency of said petition, the respondent No.2 passed impugned order dated 30-3-2009 whereby the land in question was vested with the State Government for breach of condition. Hence, the present petition.

(3.) IN this connection, learned Senior Counsel relied on a decision of this Court rendered in Bharat INdustries Ltd. Vs. State of Gujarat reported in 2006(1)GCD 847(Guj) wherein it has been held in para 6 as under: