STATE OF GUJARAT Vs. MAMTA K ASRANI

JUDGEMENT

(1.) . All these matters are disposed of by this common judgment, as they are arising out of the impugned common judgment and order dated 21st August, 1997 passed by the Additional Chief Secretary (Appeals), Revenue Department, Government of Gujarat, Ahmedabad, whereby the Revisional Authority partly allowed the Revision Application No.8 of 1996 and fully allowed the remaining Revision Application Nos.6 to 12 of 1956. These impugned orders have been challenged by the State of Gujarat in all these petition in 2002.

(2.) . There is a land admeasuring 5100 sq.mtrs. situated in Final Plot No.200, of T.P.Scheme No.29 of village Wadaj, Taluka-City Ahmedabad, which was granted to one Ashutosh Co-operative Housing Society Limited for constructing residential houses for its members. The possession thereof was handed over on 27th September, 1990 an receipt of Rs.2,75,400-00 [Rs.Two Lacs Seventy Five Thousand Four Hundred Only] at the rate of Rs.54-00 per sq.mtr. towards the possessive right on the terms and conditions made therein in the grant order. Thereafter, an application was made by the Society for the partition of the Society into "Part-I and Part-II", which was also granted by the Competent Authority. However, the said permission was granted with certain conditions. There was a breach of Condition Nos.l, 4 and 6, of the grant. Therefore, a show cause notice dated 18th July, 1994 was issued and ultimately by an order dated 20th November, 1994, the society was directed to stop nonresidential use and another activities of the society. The society was to comply with the requirement within 12 [twelve] months. On 16th February, 1996, an order was passed for vesting of the land in question to the Government with the direction, to issue necessary show cause notice to the society and its members [Annexure-A dated 18th July, 1994 and the order dated 20th November, 1994 respectively and Annexure-B an order dated 16th February, 1996.

(3.) . Being aggrieved by that order at Annexure-B, the society and its members filed Revision Application No.5 to 12 of 1996 before the Additional Chief Secretary (Appeals), Revenue Department, State of Gujarat, Ahmedabad. As stated earlier, all the aforesaid Revision Application Nos.6 to 12 of 1996 were fully allowed and Revision Application No.5 of 1996 was partly allowed by the Revisional Authority by its impugned common judgment and order dated 12st August, 1997. This impugned common judgment and order is challenged in these petitions by the State of Gujarat through the Collector at Ahmedabad.