IDAR NAGAR PALIKA IDAR Vs. COLLECTOR SABARKANTHA

JUDGEMENT

(1.) PRESENT Special Civil Application under Articles 226 and 227 of the Constitution of India has been preferred by the petitioner ? Nagarpalika to quash and set aside the impugned order dated 14.07.2009 passed by the Revisional Authority ? Deputy Secretary, Urban Development and Urban Housing Department, State of Gujarat.

(2.) THAT for the purpose of widening of the road, number of cabins were required to be demolished and therefore, pursuant to the order passed by the Collector, Sabarkantha dated 31.01.2006, the cabins were directed to be demolished and the cabin holders were to be provided alternative accommodation. It appears that before that the Collector, Sabarkantha sought guidance from the Urban Development and Urban Housing Department, State of Gujarat under Section 65(2) of the Gujarat Municipalities Act and by communication dated 23.09.2008, the Deputy Secretary communicated to the Collector, Sabarkantha how the cabins are to be provided. It appears that alternative accommodation was provided to the cabin holders by way of auction which was held on 21.10.2008 in a shopping complex situated near the Mamlatdar office, Three roads and Kharid Vechan Sangh. It appears that it is the case on behalf of the petitioner that the Collector by a letter dated 15.10.2008 fixed upset price of the shop on the ground floor at the rate of Rs.2400 per sq.mtr. and Rs.1100 per sq.mtr. for the shops on the first floor. THAT the Collector also stated that Nagarpalika will collect Rs.70 per sq.ft. per cabin which be revised after every five years after consultation with the Revenue Department. THAT it appears that there were in all 126 cabin holders and the auction was held on 21.10.2008. It appears that for 171 shops, 1 to 85 shops came to be allotted by holding interse auction and the same came to be allotted by accepting the offer of Rs.5000/- more than the upset price. It appears that in the meantime, private respondent Nos.3 to 18 herein challenged the auction proceedings before the Collector, Sabarkantha under Section 258(1) of the Gujarat Municipalities Act pointing out number of irregularities and illegalities. THAT in the meantime one of the member of the Municipality preferred Special Civil Application No.12934/2008 by way of PIL before this Court which came to be dismissed. THAT thereafter the Collector, Sabarkantha by order dated 05.12.2008 dismissed the said Appeal preferred by the private respondent Nos.3 to 18 herein by observing that the auction has been held in accordance with the order passed by the Collector dated 15.10.2008 as well as the guidelines issued by the State Government vide its communication dated 23.09.2008. [2.1] THAT being aggrieved and dissatisfied with the order passed by respondent No.1, Collector, Sabarkantha dated 05.12.2008 passed in Appeal No.18/2008, the private respondent Nos.3 to 18 herein preferred Revision Application before the State Government and respondent No.2 by impugned order considering the guidelines issued by the State Government vide its communication dated 23.09.2008 has quashed and set aside the order passed by the Collector, Sabarkantha dated 05.12.2008 and has passed an order that if the Collector finds that if the amount on which 84 shops are allotted is found to be adequate and just, in that case, the shop be allotted to 12 applicants ? private respondent Nos.3 to 18 herein by holding interse auction for the remaining 57 vacant shops and thereafter to allot rest of the shops by holding public auction and in the alternative all 171 shops be brought under one umbrella and a fresh exercise should be undertaken and to allot the shop by holding interse auction considering the order passed by the State Government dated 23.09.2008 so that the same situation by which only Rs.5000 and Rs.10000 more are recovered may not arise and all 126 shops shall be disposed of holding a fresh interse auction and thereafter rest of the shops be disposed of / allotted by holding public auction. By impugned order the Revisional Authority has also directed the Collector to choose one of the option after verifying the entire auction process/proceedings and to take appropriate decision and consequent auction accordingly. Being aggrieved and dissatisfied with the impugned order dated 14.07.2009 passed by the Revisional Authority, Deputy Secretary, Urban Development and Urban Housing Department, State of Gujarat in Revision Application No.32/2008, the petitioner Nagarpalika has preferred the present Special Civil Application under Articles 226, 227 of the Constitution of India.

(3.) MS. Jirga Jhaveri, learned Assistant Government Pleader has supported the order passed by the Revisional Authority and has submitted that no illegality has been committed by the Revisional Authority by passing the impugned order and suggesting two options and ultimately it is left to the Collector, Sabarkantha to take appropriate decision after reconsidering the entire auction proceedings and to exercise one of the options which would be in the interest of Nagarpalika.