HARESH MAFATLAL MAKWANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In this petition under Article 226 of the Constitution of India the petitioner one of the allottees of Akshay Apartment situate at Ward No.2, Gandhidham, whose flat has been collapsed in Earthquake occurred on 26th January 2001 and there was complete destruction of the petitioner's flat, has challenged the legality and validity of the order passed by the Deputy Collector (Earthquake), Gandhidham, dated 30th May 2002 by which the Deputy Collector (Earthquake), Gandhidham has rejected the application of the petitioner for getting necessary compensation due to collapse or destruction of his flat in Akshay Apartment.

(2.) Ms. PP Laheri, learned advocate appearing on behalf of the petitioner has submitted that the petitioner had produced all the necessary documents to prove his ownership and/or possession of the flat in question as on 26.1.2001 and/or prior thereto and inspite of that the Deputy Collector has rejected the application of the petitioner for compensation mainly on the grounds that ;

(3.) Shri AD Oza, learned Government Pleader appears on behalf of the respondents. It is submitted that as the petitioner has not produced any documentary evidence to prove his ownership/possession prior to January 26, 2001 the petitioner is not entitled to compensation and therefore the impugned order is rightly passed. It is also further submitted by him that in fact the petitioner has an alternative remedy available by way of either approaching the Ombudsman/Lokpal, i.e., District Judge, Kuchchh-Bhuj and/or the Gujarat State Disaster Management Authority which is the highest authority to decide such types of disputes.