VALLABHBHAI LAKHMANBHAI PATEL DECD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has approached this Court for challenging the order passed by the District Collector dated 7.5.2005, whereby the price fixed of the land in question as prevailing in the year 1996 is Rs.80/- per sq. mtr., and the earlier valuation is confirmed.

(2.) Heard Mr.Savjani, learned Counsel for the petitioner and Mr.Mengdey, learned AGP for the State Authorities. The short facts leading to this petition are as under:

(3.) Mr.Savjani, learned Counsel appearing for the petitioner submitted that the reliance placed by the District Collector upon the opinion of the District Valuation Committee is at the first instance illegal, because he submitted that the District Valuation Committee was not in existence in the year 1996 and, in any case, for the purpose of fixing the valuation of the land in question the resolution on the basis of which direction was given for getting approval of the State Government did not provide for valuation to be made by the District Valuation Committee. He also submitted that it was required for the District Collector to send the proposal on the basis of valuation made earlier i.e., at the rate of Rs.7,110/- acre and it was not open to him to undertake the revaluation of the land in question and to forward the proposal thereafter. He, therefore, submitted that the action of the District Collector taking the revaluation of the land in question is illegal and deserves to be quashed.