IBRAHIM RAFIQUE MEMON Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Special Civil Application is filed praying for the following reliefs:

(2.) Learned counsel for the petitioners submits that the impugned order is in contravention of the provisions of Sec. 5(3)(b) of The Gujarat Prohibition of Transfer of Immovable Property and Provision for Protection of Tenants from Eviction from Premises in Disturbed Areas Act, 1991 (for short, 'the Act, 1991'). He further submits that by the impugned order, the competent authority, i.e. Deputy Collector, City Prant, Surat has not adverted to the provisions of Sec. 5(3)(b) of the Act, 1991 whereby to decide the transfer of immovable property, free consent of the persons intending to be the transferor and the transferee and fair value of the immovable property proposed to be transferred is to be decided. He submits that no such finding is rendered in the impugned order and permission has been rejected on extraneous considerations which are not germane. He, therefore, submits that the impugned order be set aside and the matter be remanded to the competent authority for consideration afresh.

(3.) Learned Assistant Government Pleader submits that the application has been decided after obtaining relevant opinions from the authorities concerned as well as the objectors. He submits that the concerned authority has passed the impugned order after taking into consideration all the relevant factors.