VASANTBHAI K KANABAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Ms. Jirga Jhaveri, learned Assistant Government Pleader waive service of notice of Rule on behalf of the respondents. In the facts and circumstances of the case and with the consent of learned advocates appearing on behalf of respective parties, petition is taken up for final hearing today.

(2.) BY way of this petition under Article 226 of the Constitution of India, petitioner has prayed for an appropriate writ, direction or order quashing and setting aside the impugned order dated 29.05.2008 (Annexure A to the present petition) passed by the Revenue Department, State of Gujarat. It has also further prayed for appropriate writ, direction or order directing the respondent authority to decide the application of the petitioner for permanent allotment of the land in question.

(3.) HAVING heard the learned advocates appearing on behalf of respective parties and considering the statement made by Shri Satyam Chhaya, learned advocate appearing on behalf of the petitioner made under the instructions from Shri Nikhil Kanabar, son of the original petitioner, the impugned order dated 29.05.2008 passed by the Revenue Department, State of Gujarat directing the petitioner to pay the amount of lease for the period between 01.08.1993 to 31.03.2001 at 15% of Rs.215 per sq.mtr. and for the period between 01.04.2001 to 31.03.2007 at 15% of Rs.515 per sq.mtr. alongwith interest at the rate of 12% per annum is hereby confirmed. However, considering the fact that by determining the amount of lease given for the year 1993 onwards, the market price is considered as on the date on which the order is passed. It appears to the Court that instead of 12% interest, if the petitioner is directed to pay the amount of lease for the aforesaid period alongwith the interest at the rate of 7.5% per annum, it will meet the ends of justice. Shri Chhaya, learned advocate appearing on behalf of the petitioner has submitted that petitioner is ready and willing to pay the amount of lease for the aforesaid period alongwith 7.5% per annum with effect from 01.08.1993 hence, present Special Civil Application is hereby partly allowed to the aforesaid extent and the impugned order dated 29.05.2008 passed by the Section Officer, Revenue Department, State of Gujarat is hereby modified to the extent that the petitioner shall pay the amount of lease for the period between 01.08.1993 to 31.03.2001 at 15% of Rs.215 per sq.mtr. alongwith interest at the rate of 7.5% per annum and for the period between 01.04.2001 to 31.03.2007 at 15% of Rs.515 per sq.mtr. alongwith interest at the rate of 7.5% per annum (no interest on interest) and continue to pay the same till any appropriate decision is taken by the Collector, Rajkot/State Government on the application submitted by the petitioner for permanent allotment. [5.1] It appears that application of the petitioner for allotment of land on permanent basis is pending for consideration by the appropriate authority/State Government and hence, the appropriate authority/State Government is hereby directed to take appropriate decision on the application submitted by the petitioner for permanent allotment of land considering the policy prevailing as on today (which the petitioner has agreed), at the earliest but not later than four months from the date of receipt of the present order. If the application of the petitioner for permanent allotment, considering the policy prevailing as on today, is granted, in that case, necessary consequences shall follow and if for any reason the application of the petitioner for allotment of land on permanent basis is not granted, in that case, necessary consequences shall follow and it will be open for the appropriate authority to initiate appropriate proceedings against the petitioner for getting the possession of the land in question as, as such the lease in favour of the petitioner is extended only upto 31.03.2007. Rule is made absolute to the aforesaid extent. Direct service is permitted.