SUO MOTU Vs. STATE OF GUJARAT

JUDGEMENT

(1.) After conclusion of hearing, judgment in the matter was reserved, and dictation and typing of the judgment was in progress. However, in the meanwhile, Ms. Gauri Kumar filed a Civil Application No. 12100 of 2001 and we could not proceed further and complete the judgment. Since this Bench is assembling only for half of a day on some Fridays for taking up specially assigned matters, the aforesaid application could be disposed of only on 19th January 2002. Hence some delay in completing the judgment occasioned, and after disposal of the aforesaid Civil Application, we thought it fit to proceed with the judgment in this matter in the open Court. Thereafter, certain portions of this order were dictated in the open Court. Due to lack of time on account of pressure of the regular court work, the matter was again kept as C.A.V. and is pronounced today. In this complex situation, the date of this judgment shall be deemed to be the date of pronouncement of the judgment.] GENESIS OF THIS PROCEEDINGS:

(2.) Xerox copy of a Government file, including various confidential letters, along with a forwarding letter purported to have been signed by one Piyush Soni, was forwarded to this Court by Speed Post. The subject matter of the file was irregularities and illegalities in connection with allotment of land to Sumangalam Co-Operative Housing Society. The Court (Coram: B.C. Patel and C.K. Buch, JJ.), which was taking up Public Interest Litigation at the relevant time, after perusing the file minutely, passed an order on 6.10.2000, excerpting certain portions from the file and issuing notice to the Chief Secretary, returnable on 16.10.2000. On the returnable date, i.e. on 16.10.2000, a request for time was made by learned Additional Advocate General Mr. Shelat (as he then was). The Court, while granting the time, also issued notice to the Chairmen and Secretaries of the three Societies, Ahmedabad Urban Development Authority (AUDA, for brevity, hereinafter), Registrars of Co-Operative Societies, Gandhinagar and Ahmedabad and to certain IAS Officers.

(3.) On behalf of the Government, Chief Secretary filed an affidavit dated 10.11.2000 and did not deny the authenticity of the excerpts in the order dated 6.10.2000 but the tenor of the affidavit indicated that what is conveyed to the Court through the xerox copy of the entire Government file is correct and the Government itself made certain efforts to unearth the scandal and inspite of repeated efforts even after once closing the file on a note prepared by the General Administration Deptt. (page 17), the file was re-opened, but the efforts could not fructify. Ultimately, the Chief Secretary in his affidavit stated that the Government "will abide by the orders that may be passed by this Honourable Court" and "all necessary files and record will be made available to the Hon'ble Court for perusal". In the circumstances, the Court decided to proceed further with the matter. INTERLOCUTORY ORDER OF THE HIGH COURT ON 16.11.2000