SAURASHTRA GRAM VIKAS TRUST Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The instant Appeal is directed against the judgment and order dtd. 18/3/2011 passed by the learned single Judge in dismissing the writ petition challenging the order dtd. 22/5/2009 passed by the Secretary, Urban Housing and Urban Development Department, State of Gujarat in Appeal No. 31 of 2008, confirming the order passed by the Collector, Bhavnagar dtd. 29/5/2008.

(2.) It is the case of the appellant-the original petitioner herein that the land bearing Survey No. 270/1 paiki admeasuring 9600 sq.yards was granted to the petitioner trust by Shihor Nagar Panchayat vide Resolution dtd. 5/3/1992 at the rate of Rs.1.00 per sq.yard, on the terms and conditions stipulated in the said Resolution. The said disposal of the land by Shihor Nagar Panchayat was found to be in breach of Sec. 98(1) of the Gujarat Panchayat Act, 1961 on the premise that the land-in-question was disposed of without prior permission of the District Development Officer, Bhavnagar.

(3.) Vide order dtd. 23/12/1992, the District Development Officer, Bhavnagar in exercise of powers under Sec. 294(4) of the Gujarat Panchayats Act, 1961 suspended the aforesaid resolution of the general body of the Shihor Nagar Panchayat.