KALPESH RAMESHBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocate Mr.Brijesh Trivedi for the public interest writ petitioner, learned Assistant Government Pleader Mr.Manan Mehta for the respondent-State and its authorities, learned advocate Mr.Parth Bhatt for respondent no.4- Corporation and learned advocate Mr.Hasit Dave for respondents no.8 and 9.

(2.) This petition in the nature of public interest petition was filed seeking direction against the respondent authorities not to give building permission at and possession of Survey No.384 paiki of Sanjay Nagar, Warasia Ring Road, Vadodara, to respondent nos.8 and 9 and not to grant said private respondents the said land pursuant to the tender floated by the authorities. It was further prayed that the said respondents were not entitled to be granted tender work in view of clause 1.24 and 1.30, which was mandatory requirement under the government policy.

(3.) It appears that it was a case of the petitioners that the said land which was made subject matter of tender and on which the rehabilitation project floated by the Corporation was proposed to come up, was reserved for a Bhikshuk Gruh. It was the case that the land having been earmarked for the said public purpose, the allotment thereof to private respondents no.6, 8 and 9 by tender process was violative of public trust doctrine and amounted to collusive act not honest to the needs of public interest.