KETA S DUTIA Vs. COLLECTOR

JUDGEMENT

(1.) HEARD learned advocate Mr.Jal S.Unwala for the appellants and Mr.A.N.Shah, learned AGP for respondents. Though the matter is listed for admission, the parties have agreed to hear the matter on its merits for final disposal.

(2.) ADMIT . Mr.A.N.Shah, learned AGP waives service of notice of admission for respondents.

(3.) IF we peruse such order dated 12.8.1999, it seems that practically respondents had alloted the land in question to the appellants by order dated 30.1.1997 and the value of the land was fixed as Rs.3,98,610/-. Such amount was conveyed to the appellants on 16.1.1999 and thereby appellants have to pay such amount for getting right to possession of the piece of land under dispute. However, it is also clear by letter dated 12.8.1999 that appellants had not agreed upon to pay such price. It is also not disputed that appellants were getting such land without following general principle of allotment of land to member of any public only because of his possession of holding some land and with reference to Gujarat Patel Watan Abolition Act, 1961. It is also not disputed that such Act was thereafter repealed and Government has decided to allot the land to such persons by recovering occupancy price.