KARMA JYOT CO Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Ms. Amita Shah, learned Assistant Government Pleader waives service of Notice of Rule for the respondent in the facts and circumstances of the case and with the consent of the learned counsel for the respective parties, the petition is heard and decided finally.

(2.) By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for the issuance of a writ of mandamus or any other appropriate writ or direction to the respondent-State Government, to allot the remaining 20027 square meters of land as per the prevailing market price as on 06.08.2003, to the petitioner Society. Alternatively, it has been prayed that the said land be allotted as per the market price prevailing as on today.

(3.) The petitioner is a registered Co-operative Society under the Gujarat Cooperative Societies Act, 1961, bearing Registration No.GH 12891. Briefly stated, facts of the case are that the petitioner Society had made an application to the State Government for the allotment of excess vacant land under the Urban Land (Ceiling and Regulation) Act, 1876 ("the ULC Act" for short). On 02.05.1988, the State Government passed an order granting a total of 43432 square meters of land to the petitioner Society at the rate of Rs. 140/- per square meters, for a total consideration of Rs. 60,80,480/-. The offer of the State Government was accepted by the petitioner Society on 04.05.1988. An amount of Rs. 28,00,000/- was deposited by the petitioner Society on 29.05.1988 and land admeasuring 20,000 square meters, from Survey No.818 and Survey No.649/1, came to be allotted to it. However, the Society was put in actual physical possession of only 15,856 square meters. By a communication dated 27.06.1988, the State Government informed the petitioner Society that there was some dispute regarding Survey No.630 of Village Gotri and hence, it could not allot 3398 square meters of land from said survey number. On 01.02.1989, an order came to be passed by the State Government directing the petitioner Society to pay Rs. 56,04,770/- for the allotment of 4,035 square meters of land. Thereafter, the petitioner Society made a representation that certain land was not suitable for construction on account of a high-tension line passing through the said land. The representation was accepted by the State Government to the extent of 2551 square meters and the petitioner Society was put in further possession of 4962 square meters + 1733 square meters of land of Village Gotri. So, ultimately, the petitioner Society was put into possession of 20,000 square meters of land. On 30th May, 1991, an order was passed by the State Government allotting Survey No.841 to the petitioner Society. The petitioner was directed to deposit the amount in lieu of the said allotment. Therefore, on 24.04.1992, the petitioner Society deposited Rs. 4,76,700/- before the State Government, pursuant, to which possession of land admeasuring 3450 square meters out of Survey No.841 came to be handed over to it. However, the remaining amount of land, as per the order dated 02.05.1988, was not alloted to the petitioner society. Thereafter various communications came to be made and, at some point of time, steps were also taken by the State Government in furtherance of allotting the remaining land. However, no final order came to be passed. Ultimately, on 20.01.2001, a letter was written by the State Government to the petitioner Society, informing it that due to the repeal of the ULC Act, it could not allot the remaining land to the Society.