PANKAJ T. PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned counsel Mr. P.M. Bhatt along with learned counsel Mr. Rishit P. Bhatt for the petitioners, Ms. Hetal Patel, learned AGP for the respondent Nos. 1 and 2 - State Authorities, Mr. D.A. Bambhania, learned counsel for respondent No. 3 - Gujarat Slum Clearance Board, Mr. Deep D. Vyas, learned counsel for respondent No. 4 - Ranip Municipality and Mr. Y.H. Motiramani, learned counsel for respondent Nos. 5.1 to 5.3.

(2.) The petitioners herein (two in number) were employees of Karmchari Co-operative Bank and Ranipnagar Panchayat; respectively. The present petition has been filed in the nature of Public Interest Litigation with the assertion that both the petitioners herein have retired from the post and they are working for the cause of the society. It is stated that Ranipnagar Panchayat prior to its constitution as such was a Gram Panchayat duly constituted under the provisions of the Gujarat Panchayats Act, 1961. All the properties were in the ownership of the State Government within the area of jurisdiction of Ranip Gram Panchayat and were vested under the management of Ranip Gram Panchayat. During the currency of the jurisdiction with the Ranip Gram Panchayat, the land admeasuring 1600 sq.mtrs., approximately 4 acres and 14 gunthas bearing Survey No.359 was allotted to Ranip Gram Panchayat by the State Government for the purpose of grazing cattle of the local residence and was mutated in the revenue records as 'Gauchar land'. The said land continues with the Gram Panchayat uptil the year 1973 in the capacity and later vested in the Ranip Nagarpalika after the year 1973.

(3.) On 17/2/1976, when the Urban Land (Ceiling and Regulation) Act, 1976 came into force, master plan was prepared, by order dtd. 13/5/1983, an area of 10260 sq.mtrs. of Survey No.359 was resumed by the State Government for the purpose of reserving the said land for construction of slum houses by the Gujarat Slum Clearance Board. The land entrusted with the Gram Panchayat was also resumed back under provisions of Sec. 96 of the Gujarat Panchayats Act, 1961 for the above noted purposes. The contention in the writ petition is that the purpose for which, the land in question was resumed, was not objected by Ranip Nagarpalika as it was a public purpose, i.e. for construction of slum houses for hutment dwellers. It seems that the writ petition viz. Special Civil Application No.9743 of 1993 was filed by Ranip Nagarpalika, wherein petitioner No.1 was also impleaded as party respondent on an application filed by him.