GOPINATHJI DEV MANDIR TRUST Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Ms. Sangeeta Vishen, learned assistant Government Pleader, waives service of notice of Rule on behalf of the respondent Nos. 1 and 2, Mr. Harin P. Raval, learned Advocate, waives service of notice of rule on behalf of the respondent No. 3 and Mr. D. C. Dave, learned Advocate, waives service of notice of rule on behalf of the respondent No. 4. On the facts and in the circumstances of the case and with the consent of the learned Counsel for the respective parties, the petition is being heard and finally decided today.

(2.) THIS petition has been filed challenging the order dated 29-1-2007 (Annexure "a" to the petition) passed by the State Government, granting approval under Sec, 65 (2) of the Gujarat Municipalities Act, 1963 ("the Act" for short)for sale of land admeasuring 1890. 74 sq. mts. in favour of the respondent No. 4-Trust, at the rate of Rs. 912/- per sq. mt. , the consequential communication dated 20-2-2007 (Annexure "b" to the petition) of the District Collector, bhavnagar, whereby the respondent No. 4-Trust has been asked to pay an amount of Rs. 17,24,738/- towards sale consideration of the land in question, and also order dated 2-3-2007 (Annexure "e" to the petition) of the Collector, laying down certain terms and conditions for the sale of the said land.

(3.) THERE has been a series of protracted litigation inter se between the petitioners and the respondent No. 4 and it will be necessary to refer to the salient aspects thereof, in order to place the issues raised in the present petition in their proper context, on the basis of facts, which are not in dispute. To his effect, it will be fruitful to advert, briefly, to the background in which the petition has been filed, as culled out from the averments made therein, the documents annexed therewith, as also the pleadings of parties and material on record.