PARVATIBEN VITHALBHAI SONI Vs. COLLECTOR

JUDGEMENT

(1.) PRESENT Special Civil Application under Articles 226 & 227 of the Constitution of India has been preferred by the petitioners to quash and set aside the impugned order dated

(2.) 1 1999 passed by the Secretary (Appeals) Revenue Department, State of Gujarat as well as order passed by the Collector, Valsad dated 13.9.1995 rejecting the prayer of the applicants to sell the small street of land admeasuring 21.25 sq mtrs which is just adjacent to the petitioners. 2. The facts leading to the present petition in nutshell are as under:

(3.) PRESENT Special Civil Application is opposed by Shri J.K. Shah, learned Assistant Government Pleader appearing on behalf of the respondent authorities and Shri Pandya, learned advocate appearing on behalf of the Valsad Nagarpalika. It is submitted that as such the disputed land in question which may be small street of land is forming part of public street and is vested in the Nagarpalika and therefore, Rule 43(B) of the Bombay Land Revenue Rules would not be applicable at all. It is further submitted that even otherwise considering Section 65 r/w Section 146 of the Gujarat Municipalities Act as the land in question is forming part of the public street unless and until the same is declared as public street, same cannot be allotted and / or sold. It is further submitted that even otherwise as such the application of the petitioner was to lease the land in question and not for sale of land in question. Therefore, it is submitted that neither the Collector nor the Revisional authority have committed any error or illegality in not granting the land in question to the petitioners. Shri Pandya, learned advocate for the Nagarpalika has further submitted that as such earlier resolution of 1980 which has been relied upon by the petitioner was not of the General Board of the Nagarpalika but it was by the President only and as such thereafter even in terms of the order passed by the Revisional Authority on remand, General Board of the Nagarpalika passed afresh resolution in 1994 objecting the grant of land to the petitioners for any other purpose. By making above submissions, it is requested to dismiss the present Special Civil Application.