STATE OF GUJARAT Vs. MANGROL MUNICIPALITY

JUDGEMENT

(1.) This appeal under Section 100 of the Code of Civil Procedure is between the State and the Municipality. The appellant State and its authorities are the original defendants against whom, the respondent Mangrol Municipality had filed Regular Civil Suit No.26 of 1979 for declaration and permanent injunction.

(2.) The case of the plaintiff is that the Municipality is constituted under the Bombay Municipality Act, 1901 (hereinafter referred to as 'the Act' for convenience). The State Government (Government of Saurashtra) issued notification dated 7.7.1955, whereby the State Government transferred all vacant plots situated within the limits of plaintiff Municipality. Under the provisions of Section 50 of the Act and by virtue of notification issued thereunder, the plaintiff Municipality became owner of all the plots of land situated within its local limit. It is further case of the plaintiff that one of the plots was given to the State Road Transport Corporation for using the same for bus stand. Such giving of plot to the State Transport Corporation was by way of temporary occupation. When the suit plot fell vacant, the possession was handed over by the Corporation to the Mamlatdar on 1.5.1978 instead of plaintiff. The plaintiff, therefore, wrote a letter dated 26.5.1978 to defendant No.2 asking to handover possession of the suit plot to the plaintiff. But, the claim of the plaintiff was denied on the ground that the suit plot was never vested or transferred to the plaintiff Municipality and therefore, question of handing over the possession of the suit plot did not arise. The plaintiff has thus filed suit seeking declaration that the suit plot stands transferred to the plaintiff Municipality vide Government Notification dated 7.7.1955 and the suit plot vests with the Municipality without being specially reserved by the State as required under the provisions of the Act. The plaintiff also sought relief for handing over the possession to the plaintiff and also restraint order against the State from parting with possession of the suit plot except in favour of the plaintiff. The plaintiff also prayed for release of the money received by the State from the S.T. Corporation for the use of the suit plot by the S.T. Corporation.

(3.) The suit was resisted by the defendants by filing written statement at Exh.14 stating that by notification dated 7.7.1955, all plots were transferred to the plaintiff except the suit plot which was handed over to the S.T. Corporation vide letter dated 25.6.1955 by the Collector, which was kept reserved for the S.T. Corporation and as such the suit plot was not vacant plot on the date of the said notification. It is further stated that the suit plot was leased to the S.T. Corporation and the S.T. Corporation on vacating the same, handed over the possession of the suit plot to the Government and the Collector has legally allotted portion of the plot to Fisheries Department and the Fisheries Department is already given possession of the suit plot on 6.1.1979 and the suit plot being of the ownership of the Government, the plaintiff has got no right to claim the suit plot.