JETHABHAI MOHANBHAI KEVADIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE petitioner, aggrieved from the order passed by the respondent No.2 dated 21.8.1999 whereby respondent No.2 has dismissed the Revision Application preferred by the petitioner under section 211 of the Bombay Land Revenue Code, 1879, now called Gujarat Land Revenue Code, 1879 has preferred the present petition.

(2.) THE petitioner preferred the application for grant of 4047 square meters of land from Survey No.778 of village Sukhpar, Taluka Gariyadhar, District Bhavnagar. The application preferred by the petitioner was rejected by the Collector on 12.3.1991. Thereafter, the State Government directed the Collector to examine whether the land can be granted to the petitioner and on the basis of this direction, the Collector passed the order granting the land to the petitioner at the rate of Rs.13.00 per square meter. However, it was ordered that the price was subject to the revision by the Chief Town Planner. Thereafter, the petitioner received communication from the Collector dated 6.7.1994 wherein he was informed that the Chief Town Planner has revised the rate from Rs.13.00 to Rs.75.00 per square meter and, therefore, the petitioner should make the payment of difference of amount of Rs.2,50,914.00 within a period of 20 days.

(3.) LEARNED counsel for the petitioner has further drawn the attention of this Court to the list annexed at page 83 of the file. According to this list, as many as 7 persons have been allotted the plot from the same survey number. One of the persons at serial No.7 Savitaben Rameshbhai Vaghani has been allotted the plot on 13.9.1993 at the rate of Rs.13.00 per square meter. This document also shows that the petitioner has been allotted the plot on 1.1.1994 at the same rate i.e. Rs.13.00 per square meter; however, rate has been revised to Rs.75.00 per square meter, as stated earlier.