GANESH SAHAKARI GRAH MANDLI LTD Vs. COLLECTOR

JUDGEMENT

(1.) Leave to amend the prayer clause by substituting the area of the land as 155 sq. mtrs., in place of 2696 sq. mtrs.

(2.) Rule. Mr. Siraj Gori, learned AGP waives service of rule on behalf of respondent No.1, Mr.Raval, learned Counsel waives service of rule on behalf of respondent No.2/1 and 2/5. With the consent of the parties the matter is taken up for final hearing today.

(3.) The short facts of the case appear to be that the land of respondent Devjibhai Lallubhai Patel and others was declared as surplus land under Urban Lands (Ceiling and Regulations) Act (hereinafter referred to as the "ULC Act"), admeasuring 2851 sq. mtrs bearing Survey No.604/1 of Final Plot No.172. It is the case of the petitioner that the petitioner has paid full amount of Rs.38,48,805/= with the State Government and the possession of the land is also handed over to the petitioner. The petitioner wanted to develop the land for non-agricultural purpose and, therefore, the permission for such purpose is applied to the District Collector. It appears that in the mean time, the deceased Devjibhai Lallubhai Patel (hereinafter referred to the original respondent No.2) had preferred Civil Suit being No.817/1999 in the Court of Civil Judge (S.D.), Vadodara for asserting the right over the land in question. In the said Civil Suit the injunction was not granted and the authorities rejected the application for N.A. as per the order dated 4.10.1999, more particularly in view of the pendency of the Civil Suit. The petitioner carried the matter before this Court by preferring SCA No.8114/1999 and in the said petition ultimately after hearing both the sides this Court (Coram: A.R.Dave, J.) as per the order dated 6.12.1999 found that the concerned Authority has committed error in rejecting the application made by the petitioner for converting the land into non-agricultural purpose and, therefore, the order passed by the authority under Bombay Land Revenue Code ( hereinafter referred to as the "Code") for rejecting the application was quashed and set aside and a direction was given to the authority under the Code to consider the matter afresh without considering the fact regarding the pendency of the civil suit No.817/1999. It appears that Dayabhai, brother of respondent No.2 also preferred SCA No.5752/1999 challenging the action of the authority for allotment of the land to the petitioner herein and this Court (Coram: R.K. Abichandani, J.) as per the order dated 13.1.2000 did not interfere with the matter in view of the pendency of the Civil Suit No.817/1999 before the Civil Court, Vadodara. It appears that the matter was also carried further by the said Dayabhai before the LPA Bench being LPA No.15/2000 against the order dated 13.10.2000 passed by this Court in SCA No.5752/1999 and the said LPA as per the order dated 25.11.2000 was dismissed.