SURENDRANAGAR - DUDHREJ MUNICIPALITY Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr.Tirthraj Pandya, learned Assistant Government Pleader, waives service of notice of Rule for respondents Nos.1 and 3. Mr.Devang Vyas, learned advocate, waives service of notice of Rule for respondent No.2. Respondent No.4 has chosen not to appear despite of service of notice on 05.08.2015. From the pleadings, it appears that the said respondent is neither an affected nor interested party to the litigation. Hence, no fruitful purpose would be served to issue notice of Rule to respondent No.4. On the facts and in the circumstances of the case, the petition has been heard finally, with the consent of learned counsel for the respective parties.

(2.) By way of this petition under Article 226 of the Constitution of India, the petitioner Surendranagar - Dudhrej Municipality ("the Municipality" for short), has challenged the order dated 30.01.2014, passed by the Gujarat Revenue Tribunal ("the GRT" for short), allowing the review application preferred by respondent No.2 and the order dated 16.06.2015, of the GRT, rejecting the revision application of the Municipality and thereby confirming the orders passed by the Collector, Surendranagar, dated 18.05.1998 and the City Survey Superintendent dated 06.09.1996.

(3.) The chronological narration of the facts of the case, as can be garnered from the material on record, dates back to the preindependence era, more particularly to 24.12.1945, on which date the Political Agent, Eastern Kathiawar Agency, addressed a letter to the Dewan of the erstwhile princely State of Wadhwan. The subject matter of the said communication, which is the bone of contention in the present petition, is the plot of Government waste land measuring "6435 square yards and 3 square feet" (as described in the letter), now City Survey No.5241, comprising Ward No.1, admeasuring 4753.58 square meters, situated in Wadhwan. The Political Agent wrote to the Dewan that Sheth Ratilal Vardhman Shah, the predecessorininterest of respondent No.2, had sought permission to purchase the land in question, which was in the immediate vicinity of his private residence and the Station Committee had recommended that the lease be granted if the plot could not be utilized as a recreation ground for the State N.T.M. High School due to various reasons, for which purpose it was originally intended to be used. The Dewan replied to the Political Agent vide a letter dated 02.01.1946, stating that the "Wadhwan Darbar" (erstwhile ruler) had no objection to the lease of the plot in question to Sheth Ratilal Vardhman Shah. Accordingly, a Lease Deed was executed in respect of the land in question in the month of January 1947, upon the payment of an amount of Rs.5,492/ by the predecessor of respondent No.2. The possession of the land was duly handed over to him. It is the assertion of respondent No.2 that the possession of the land has remained with the said respondent ever since and a compound wall has also been built around it. Respondent No.2, therefore, maintains that the land in question is a private property as the 'Sanad' by which it was granted, still stands unchallenged.