BAVLA NAGARPALIKA Vs. COLLECTOR AHMEDABAD

JUDGEMENT

(1.) Heard learned advocates for the parties. The petitioner, Municipality duly constituted under the provisions of Gujarat Municipalities Act, 1963 has approached this Court by way of this petition filed under Article 226 of the Constitution of India, with following prayers.

(2.) The facts in brief leading to filing this petition, deserve to be set out as under.

(3.) The petitioner, at the relevant time, was administered by an Administrator appointed by the State and during the tenure of Administrator, who has been joined as respondent no.5, an application dated 24th November, 1994 came to be preferred by the Chairman of the Trust, who is shown to be respondent no.4, for the parcel of land admeasuring approximately 5591 square meters belonging to the petitioner on token rent for puttingup girls' hostel to accommodate the girls belonging to his community, so that they can prosecute their studies in Bavla. The copy of the application is placed on record at Annexure A at page no.15 to the petition, wherein the final plot no.122 was also mentioned. The Administrator of the petitioner, acting upon the said application, addressed communication to the concerned Collector on 7th January, 1995 seeking permission for allotting the land as requested vide notice dated 9th September, 1995. It is said that the Chief Officer invited objections. As no objections were received, and it has alleged that infact no objections were invited and, Administrator for the reasons best known to him putup a show as if the objections were invited a resolution came to be passed being Resolution no.59 on 16th October, 1995. The resolution is passed by the Administrator himself on 16th October, 1995 accepting the application of the respondenttrust and giving it land. There were some queries on the part of the Mamlatdar, which were replied by the Chief Officer, wherein it is contended specifically that objections were invited, but infact no objections were invited, as alleged by the petitioner in the memo of the petition. The petition contains allegations in paragraph nos.5, 6 and other paragraphs that the then Agricultural Minister was intending to favour the petitioner. The land was sought to be given at token rent of Rs.100/per year for lease of 40 years. In exercise of power under Section 65 (2) of the Gujarat Municipalities Act, 1963, the Collector granted permission vide his letter dated 01/01/1996 and the possession of the land was given to the party. The petitioner has averred in paragraph no.6 that though the paper possession was given, actual possession was with Municipality only. The Municipality on 6th March, 1996 passed a resolution revoking the earlier resolution by following due procedure of law whereby the earlier resolution dated 16th October, 1995 was revoked. The said resolution was not fructified into any legal and proper possession. The present petition was filed seeking relief as mentioned hereinabove. During the pendency of the petition, even the concerned authorities were approached, as could be seen from the annexures and pleadings in the matter.