JUNAGADH MUNICIPALITY Vs. COLLECTOR, JUNAGHADH

JUDGEMENT

(1.) MR .Premal Joshi, learned counsel for the petitioner, Mr.L.R. Pujari, learned counsel for the respondent Nos.1 to 4 State and Mr.D.P. Vora, learned counsel for the respondent No.5.

(2.) BY the present petition, Junagadh Municipality, now Corporation, seeks to challenge order dtd.2/11/1993 passed by the Collector, Junagadh in Case No.Land -2 -C -3279/93, whereunder an area admeasuring 190 sq.mtrs of Survey No.406/2 of Junagadh Township, has been allotted in favour of Mahila Mandal, Junagadh for developing Working Women Hostel.

(3.) MR .Joshi, learned counsel for the petitioner submits that the Secretary to the Government of Saurashtra, Revenue Department issued a Notification No.RD/LSG/10 -2(28) on 29/2/1966, wherein all the lands, except the land well described in the said notification, were allowed to vest in the Municipality. His submission is that Survey No.406/2 was not retained by the Government and was also allowed to vest in favour of the Municipality. His submission is that if Survey No.406/2 vested in the Municipality, then neither the Collector nor the State Government, had any right to allot the land to third party.