SWAMINARAYAN MANDIR DWARKA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner, by this petition, has challenged the order of respondent No. 1, at Annexure-B dated 7th February, 1983 wherein the sale of the land in dispute made in favour of the petitioner by the Gram Panchayat and approved by the Collector has been set aside.

(2.) The facts of the case, in brief, are that land admeasuring 46.82 sq.mt. situated adjacent to the petitioner's temple at Gomti Road belongs to the Panchayat. As per the case of the petitioner, the petitioner made application on 22-6-1980 to respondent No. 4 to give the said land to the petitioner so that it can be put to use for religious purpose. It has been given out by the petitioner that the said land which is situated on the western side of the Gomti Road and on the eastern side of the temple was of no use to anybody and that the land is absolutely "padtar". The land is said to be used by the children of the neighbours as an open latrine which created nuisance and lot of dirt. The said application of the petitioner was found favour with the Gram Panchayat. Under Resolution dated 29th July, 1980 the land was resolved to be given to the petitioner at the rate of Rs. 20.00 per sq.mt. Under letter dated 9th August, 1980 the Gram Panchayat called upon the petitioner to deposit Rs. 469.20 Ps. being 50% of the price of the land so as to enable it to proceed further in the matter. The petitioner did deposit the aforesaid amount. Thereafter the respondent Gram Panchayat wrote letter to the District Collector requesting for approval or sanction of the sale of the land in dispute to the petitioner under Sec. 98 of the Gujarat Panchayats Act, 1963 (sic. 1961). The District Collector, Jamnagar, by his letter dated 12th November, 1980 granted approval to the sale of the land admeasuring 39.86 sq.mts. to the petitioner. Thereafter the sale deed was executed in favour of the petitioner by the Gram Panchayat on 27th November, 1980 and possession was also handed over to the petitioner. Respondent No. 3 and one Narendrasinh C. Gokana made application to the Secretary, Panchayat, Health and Urban Development Department of the State of Gujarat, raising objection against the sale of the land by respondent No. 4 to the petitioner. The said application was forwarded to the Mamlatdar for inquiry. Respondent No. 3 then filed revision application under Sec. 305 of the Act before the Additional Development Commissioner at Gandhinagar, which came to be dismissed on 26th February, 1982 on the ground that he has no jurisdiction to entertain such revision application. Respondent No. 3 filed revision application before the State Government, respondent No. 1 herein, on 21-3-1982. The revision application was accepted by respondent No. 1 under its order dated 2-2-1983. That order has been challenged by respondent No. 4 Gram Panchayat by filing Special Civil Application No. 3921 of 1983 which came to be dismissed by this Court on 21st October, 1984. However, that petition was dismissed for non-prosecution and not on merits. Hence this Special Civil Application by the petitioner.

(3.) Shri P. J. Vyas, learned Counsel for the petitioner contended that respondent No. 1 has no jurisdiction to hear the revision application on 30th August, 1982, the date on which the arguments were heard therein. The power of the Government to hear the revision application was given to respondent No. 1 Secretary to Government, Panchayat, Housing and Urban Development, under notification dated 3rd November, 1982, after the day on which the hearing had taken place. It has next been contended that it is a land vested in the Gram Panchayat and it has all the powers to sell the land to the petitioner. Respondent No. 3 has no locus standi to file any revision application. It has next been contended that the Government has no power and authority to confer powers under Sec. 321 of the Act with retrospective effect as it has been done in the present case under Annexure-F.