KANJIBHAI ABJIBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioners nos.6 and 7 are the vendors of the land in question and the petitioners nos.1 to 5 are the purchasers of the said land from the respondents nos.6 and 7. The petitioners challenge the action of the State Government in fixing the land price at Rs.925=00 per sq.meter as on 25th April, 1995 and the order dated 21st January, 1995 calling upon the petitioners to pay premium at at the rate of 75% of the unearned profit.

(2.) By order dated 4th June, 1970 made by the District Collector, Junagadh, 4555.6 sq.yards of the land Survey No.369/1 situated at Veraval was granted to one Jamnadas Davda for establishment of an industry on the terms and conditions contained in the Government Resolutions dated 17th October, 1947 and 7th August, 1956. The Resolution dated 17th October, 1947 was issued by the then Government of Bombay in respect of the lands sold at concessional rates. The said Resolution was amended by the Resolution dated 7th August, 1956. According to the terms and conditions of the grant, the land was impartible and inalienable without the previous permission of the State Government. In case of such permission, the State Government would be entitled to a premium equivalent to 50% of the unearned profit. In the year 1977 the aforesaid Jamnadas Davda sold the disputed land to the petitioners nos.6 and 7. At the relevant time, premium equivalent to 50% of the unearned profit was paid to the Government. The petitioners nos.6 and 7, after obtaining permission from the State Government, sold the said land to the petitioners nos.1 to 5 by registered sale deed dated 14th July, 1995. By order dated 25th April, 1995, the District Collector, Junagadh granted permission to transfer the disputed land to the petitioners nos.1 to 5. According to the said permission, the price of the said land as on 14th July, 1993 was Rs.325=00 per sq.meter. The applicant was liable to pay premium of 75% of the unearned profit calculated at that rate less Rs.18,222=50 paid to the State Government earlier. Accordingly, the premium was calculated at Rs.9,15,020=65. The said order further states that the amount of premium would be determined on the basis of the price fixed by the Deputy Town Planner, Junagadh.

(3.) I am informed that the petitioners did pay the said sum of Rs.9,15,020=65 to the State Government. The said order was followed by the Communication dated 18th November, 1996 informing the petitioners that the land price was determined at Rs.925=00 per sq.meter by the Deputy Town Planner. The aforesaid order dated 25th April, 1995 and the Communication dated 18th November, 1996 are under challenge before this Court.