MEDICAL DIRECTOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE petitioner herein has challenged an order dated 21-2-1998 passed by the Special Secretary (Appeals), Revenue Department, government of Gujarat which is produced at Annexure-H to the petition. By the said order, revision of the petitioner came to be partially allowed. In essence, the authority permitted the petitioner-Trust to retain a maximum of 5000 sq. mtrs. of land allotted to the petitioner by Government on which Trust has already made construction including the land required to be kept open as per the rules.

(2.) IN order to appreciate the nature of order passed by the Secretary and grievance of the petitioner against the said order, the background facts leading to the said order need to be noted at some length. 2. 1. The petitioner is a charitable trust involved in charitable activities such as running hospital. The petitioner-Trust was desirous of setting of a hospital primarily with a facility of open heart surgery. The petitioner therefore, by its letter dated 7-1-1981 approached the State Government requesting for grant of government land of village Bhat, Taluka Gandhinagar admeasuring about 40,000 to 50,000 sq. mtrs. for construction of hospital with facilities including open heart surgery. In the said letter, the petitioner also showed willingness to pay reasonable price for the land that the Government may allot. 2. 2. Vide resolution dated 12-1-1981 (Annexure-B to the petition ). Government approved the proposal to sell the lands bearing Survey Nos. 35 and 36 of village Bhat, total admeasuring 40,000 sq. mtrs. (approx.) to the petitioner-Trust on new and impartable tenure. 1300 sq. mtrs. from Survey No. 35 and 38,700 sq. mtrs. from Survey No. 36 were resolved to be allotted to the petitioner. In the resolution itself, it was stated that Survey No. 36 admeasuring 36 acres and 30 gunthas is gauchar land, out of which 38,700 sq. mtrs. of land is deleted from gauchar and added as Government padtar land. Sale of the land was specifically for the purpose of enabling the petitioner to start an open heart surgery hospital there. Sale of land was of-course on payment of assessed market price. Same was however, subject to certain conditions. Conditions relevant for our purpose were as follows :

(3.) ON the basis of above factual background, it is the case of the petitioner that authorities passed orders adverse to the petitioner which are illegal and unlawful. However, before adverting to the contentions of both sides, I may also note that learned A. G. P. tendered before this Court a copy of order dated 12-1-1981 passed by the Collector converting part of the land of Survey No. 36 from gauchar to Government padtar land as also another order dated 12-1-1981 granting the land to the petitioner on certain terms and conditions. Same are taken on record. The petitioner also produced during the course of hearing a map of the land in question showing existing construction as well as construction which the petitioner proposes to put up in near future at the said place. The same is also taken on record.