TIMBANAMUVADA GRAM PANCHAYAT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In the present petition,the petitioner Timbanamuvada Gram Panchayat has challenged orders dated 6th May, 1992, 19th May, 1992 and 11th March, 1993 passed by the Collector by which different parcels of lands came to be granted to the respondent no.4.

(2.) It is the case of the Petitioner Panchayat and to which there is no serious dispute that earlier Village Panchayats of Padal and Timbanamuvada formed a group Gram Panchayat. However, subsequently on account of growth of both these villages, the two Village Panchayats were bifurcated by notification dated 1st June, 1985. Thus with effect from 1st June, 1985, two separate Panchayats, one for village Padal and another for village Timbanamuvada came into existence.

(3.) The Petitioner Panchayat is opposing the grant of land in favour of the respondent no.4 by the Collector. The respondent no.4 which is an educational trust and which is running an 'Ashram Shala' has requested for grant of land to the Collector for extension of its existing activities. By an order dated 6th May, 1992 , the Collector decided to grant to the respondent no.4, 10 Are and 28 sq. mtrs. of land forming part of survey no. 639. Though the order dated 6th May, 1992 refers to the land as one forming part of survey no. 639 of village Padal, there is some controversy with respect to this aspect of the matter to which reference shall be made at a later stage. The grant of land was on payment of token fee of Rs. 1 per year. There is no dispute about the fact that the land which was granted to the respondent no.4 was part of gouchar land so earmarked and assigned in the Revenue Records. Similarly, by another order dated 19th May, 1992, Collector decided to grant further land admeasuring 160 sq. mtrs from the same survey no. 639 paikee in favour of respondent no.4. This grant was however, upon payment of Rs. 6080/- calculated at the rate of Rs. 38/- per sq. mtr. and was meant to be Market Price of lands in question. By yet another order dated 11th March, 1993, the Collector assigned the land admeasuring 11553 sq. mtrs. to the respondent no.4 from the said survey no. 639. This grant was also without charging any amount from the respondent no.4. Thus, by three different orders, the Collector, Kheda granted a total of approximately three acres of land in favour of the respondent no.4 out of survey no. 639 which land was otherwise earmarked for gouchar land of the village.