PATEL HARIBHAI BHUTABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of present appeal under Clause 15 of the Letters Patent, appellants- original petitioners have assailed the CAV order passed by learned Single Judge dtd. 24/12/2021 in Special Civil Application No.14561 of 2015.

(2.) The background of facts which has given rise to the present appeal is that lands bearing Revenue Survey Nos.252, 253, 254 and 753 in Rajkot were admeasuring 1,02,609 Sq. Mtrs. On 24/3/1969, a family partition took place and afore- mentioned land came to be divided between two brothers, i.e. Haribhai Bhutabhai (Haribhai) and Bhikhabhai Bhutatbhai (Bhikhabhai). Present appellants- petitioners are descendants of Haribhai. The land which came in the hands of Haribhai by way of said partition was Survey No.252 Paiki admeasuring 4 acres 35 gunthas, 252 Paiki admeasuring 4 acres 33 gunthas and Survey No.254 admeasuring 3 acres 27 gunthas, in all an extent of 13 acres and 15 gunthas (54127 Sq. Mtrs.). Land bearing Survey No.252 admeasuring 4 acres 0.5 gunthas, Survey No.253 admeausring 8 acres, Survey No.753 admeasuring 0 acre 3.25 gunthas, in all admeasuring 12 acres and 3 gunthas (48,563 Sq. Mtrs.) came in the share of Bhikhabhai. A physical demarcation was also undertaken and portions were properly identified. Said Bhikhabhai sold his entire share, i.e. 12 acre 3 gunthas (48,563 Sq. Mtrs.) to one Kedarnath Co-operative Housing Society on 16/9/1979.

(3.) In the meantime, a draft scheme in Town Planning Scheme No.6 (Rajkot) came to be sanctioned on 18/2/1979, whereas preliminary scheme was later sanctioned on 25/3/1990. According to appellants, in the said sanctioned preliminary scheme, land bearing Survey No.253 Paiki, 254 Paiki and 258 Paiki admeasuring 66,773 Sq. Mtrs. were allotted O.P. No.31 Paiki against which F.P. Nos.125, 130 and 135 were allotted to the extent of 49,958 Sq. Mtrs. and as such an area admeasuring 16,815 Sq. Mtrs. came to be deducted which comes to approximately 25.18%. So far as land bearing Survey No.252 Paiki is concerned (admeasuring 35,917 Sq. Mtrs.), was given OP No.32, against which FP No.126 was allotted admeasuring 28,177 Sq. Mtrs. and an area admeasuring 7740 Sq. Mtrs. came to be deducted, which comes to approximately 21.55%. Thus, against original land holding of Haribhai and Bhikhabhai, FP Nos.125, 126, 130 and 135 were allotted, in all admeasuring 78,135 Sq. Mtrs.