HARMANBHAI SOMABHAI VALAND Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this petition, the petitioner has challenged the order dated 24.02.1999 of Collector, Baroda, AnnexureC to the petition, whereby his new tenure land was permitted to be converted in old tenure land, at his request. For this purpose, premium amount of Rs.14,90,832/ being 70% of Rs.21,29,760/, which was determined to be the price, was ordered to be paid, which the petitioner had paid also. In this petition, challenge is also made to the Government Resolution dated 17.09.1984, whereby the premium rate, which was 90% of the price was liberalized by the Government by bringing it down to 70%. The petitioner has, as the consequential relief, also prayed that the amount of Rs.14,90,832/ paid by him as premium, be declared as illegal recovery and the same be refunded to the petitioner.

(2.) HEARD learned advocate Mr. P. M. Bhatt for the petitioner and Mr. Rahul Dave, learned Assistant Government Pleader for State authorities.

(3.) FROM record it transpires that Baroda Municipal Corporation had issued development permission to the petitioner on 12.02.1999. The said development permission was with regard to the land which was new, indivisible and restricted tenure land. Thereafter, the petitioner approached the Collector, Baroda to remove restrictions of the said new and indivisible and restricted tenure land. The petitioner also agreed that he is ready to pay premium for this purpose as per the policy of the Government. The said amount came to be calculated as Rs.14,90,832/, which was paid by him on 02.02.1999. In this background, Collector Baroda, after due process, issued order on 24.02.1999 and accepted the request of the petitioner. It is this order which the petitioner has challenged.