CHILODA (D) GRAM PANCHAYAT Vs. R H PATEL

JUDGEMENT

(1.) The petitioner Chiloda Gram Panchayat has approached to this Court for challenging the order dated 14.12.1995 passed by the State Government in revisional jurisdiction, whereby the assessment of the rent made by the Gram Panchayat vide resolution is upheld, but on the question of quantum, it has been ordered that the matter should be referred to the Deputy Town Planner and the rent and penalty as may be finalised may be recovered by the Chiloda Gram Panchayat. It was further ordered that the amount shall be deposited in a separate account as per the order passed by this Court and the same will be subject to the outcome of the proceedings of Special Civil Application No. 6054 of 1986 and Special Civil Application No. 1360 of 1991.

(2.) I have heard Mr. Parmar, learned counsel appearing for the petitioner, Mr. Vyas, learned counsel appearing for private respondent No.1 representing the persons who have occupied the land, Mr. Chhaya, learned AGP for respondent Nos. 2 & 3 and Ms. Mandavia for respondent Nos. 4,5, & 6.

(3.) As such, upon hearing learned counsel for both the sides, the principal challenge was as to whether the State Government while exercising the revisional power could direct the reference to be made to the Deputy Town Planner for assessment of the rent to be recovered from the occupants who have unauthorisedly occupied the land. After hearing the learned advocates appearing on both the sides, on 30.11.2006, this Court had passed the following order: