ACHYUT CHINUBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of preferring this petition under Article 226 of the Constitution of India, the petitioner has challenged the order dtd. 22/11/2016 passed in Revision Application No.14-2012 by the learned Special Secretary Revenue Department (for short "the SSRD") as well as the order dtd. 31/7/2010 passed by the City Deputy Collector in City Appeal No.21/2009 and order dated

(2.) The brief facts giving rise to the present petition are as under.

(3.) Affidavit in reply has been filed by one Shri Bhanukumar N. Chauhan, Estate Officer of the Corporation. It is contended therein that the part of the lands were required by the Corporation for the purpose of the extension of water works at Dudheshwar and upon following procedure under the Land Acquisition Act , award was passed, wherein the petitioner had participated and received the compensation. It is further contended that the petitioner having preferred enhancement for compensation, the same was allowed and the enhanced amount was deposited by the Corporation. It is contended that despite of receiving compensation, while preparation of promulgation of City Survey Nos. and property cards, petitioner sought to include their names, without informing Corporation, in the revenue records and against which Corporation had preferred proceedings which were considered by the authority. It is also contended that amongst part of the land acquired, while preparing the Town Planning Scheme, the original plot no.306/2, at Town Planning Road had been carved, whereas for the remaining land, right of the Corporation as well as private owners were shown. It is further contended that the lands were converted to City Survey no.7831/1 to 7831/4 and the same comprising Final Plot No.306 which had common ownership. It is further submitted by the Corporation that the petitioner had requested for earmarking their areas, which were not acquired i.e. (City Survey Nos.7831/1 to 7831/3) and request was also made to grant area for approaching towards the said land. The request of the petitioner was acceded and the land was divided into two Final Plots i.e. 306/1 and 306/2 by aligning boundaries and merging proportionate area, so as to give approach, by City Planning Department.