VYARA NAGARPALIKA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr Manish Dagli, learned AGP waives service of Rule for the respondents.

(2.) This petition under Article 226 of the Constitution is a case exhibiting an extraordinary degree of insensitivity on the part of the State of Gujarat and the Collector, Surat in turning down the request of the Vyara Municipality for allotment of a parcel of land for establishing a public garden and setting up public latrines within the municipal limits of the town, when the Government has not used the land for any purpose for the last more than five years.

(3.) The petitioner-Municipality submitted a request letter dated 18.10.1995 requesting the Collector, Surat to allot the land in Survey No. 241 Paiki admeasuring 2278.5 sq.mtrs. within the revenue limits of the Municipality. According to the Municipality, the land was reserved for city improvement. According to the Municipality, the land is required for establishing a public garden/children park for the convenience and benefit of the public at large. The request conveyed through the aforesaid letter dated 10.10.1995 was not accepted by the Collector though the Municipality was prepared to pay the price for the land in question and the Municipality had also represented that it would abide by the directions of the State Government with regard to use of the land. The Municipality again passed resolution dated 30.7.1996 reiterating this request. The Municipality also relied on the Government Resolution dated 6.4.1992 to the effect that the lands for public purposes are to be granted to the Municipality when a Nagar Panchayat is converted into a Municipality. When the Collector sent the letter dated 4.2.1998 (Annexure "N") informing the petitioner that it was not possible to grant any land to the Municipality without payment of the price, but since the land was required for public purposes, whether the Municipality was prepared to pay price for the same, the Municipality answered in the affirmative by their letters dated 13.2.1998, 16.9.1998 and 3.4.2000 at Annexures "O", "P" and "Q" respectively. Even then the Collector did not accept the request of the Municipality and, therefore, the Municipality has filed the present petition for directing the Government to allot the aforesaid land to the Municipality.