LAWS(GJH)-2023-5-308

THAKOR DILIPJI LALAJI Vs. STATE OF GUJARAT

Decided On May 03, 2023
Thakor Dilipji Lalaji Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) Heard learned advocate Mr.Hardik C. Rawal for the petitioner and learned Assistant Government Pleader Ms.Hetal Patel for the respondent State.

(2.) The petitioner has approached this Court challenging the communication/ order dtd. 19/8/2021 issued by the Collector, Gandhinagar rejecting the application of the petitioner to sell the plot allotted to the grandfather of the petitioner being an affected agriculturist on concessional rate on account of the acquisition of agriculture land for the development of Gandhinagar City as Capital of the Gujarat State.

(3.) The brief facts of the case are that the grandfather of the petitioner Bhawanji Lakhaji Thakor was an agriculturist whose land was acquired by the State Government for development of Gandhinagar City as Capital of the State of Gujarat. As per the Government Policy for allotment of the plot to landless agriculturists, the grandfather of the petitioner was allotted plot no.106/2 admeasuring 135 square meters in Sector-26, Gandhinagar by allotment letter dtd. 21/12/1990, on various terms and conditions and as per the terms and conditions of the allotment the construction of the residential house was to be initiated as per the approved layout plan within nine months and to complete the same within two years from the date of allotment. Along with the other conditions, condition no.10 also provides that if the allottee wishes to sell the plot after ten years, then 50% of the differential amount paid at the time of the allotment and the market rate to be deposited with the Government.