GIRISHBHAI VARIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 8. 8. 2008 of the learned Single Judge dismissing the petition in which the present appellants challenged the action of the Government in allotting the open plot in front of their residential units to several Government servants primarily on the ground that under the General Development Control Regulations (GDCR) framed by the Gandhinagar Urban Development Authority, such plots reserved for playground etc. cannot be allotted in favour of any person.

(2.) THE learned Single Judge found that there was no material on record to show that the land in question was reserved for common use such as playground, etc. . The learned Single Judge also held that the land proposed to be allotted belongs to the Government and the land was not reserved for any particular purpose. Hence , it was open to the Government to use the same as may be permissible under the Rules.

(3.) THE appellants had earlier moved this Court on the same subject by filing Special Civil Application No. 28757 of 2007 which was disposed of by order dated 2. 11. 2007 directing the Collector, Gandhinagar to consider the objections dated 7. 10. 2007. The Collector considered the objections and in his order dated 3. 12. 2007 found that the appellants themselves were allotted plots at concessional rate out of open land which was shown as a play ground in the map prepared by the authorities. The Collector made a specific reference to map No. 4 in the impugned order and indicated that Sector 3, in which the plots of land are to be allotted, has open lands larger than the lands required to be kept open as common plots under the GDCR framed by the Gandhinagar Urban Development Authority. The Collector also held that the open plot to be used as play ground for children need not be right in front of the plot allotted to an employee. Hence, there was no justification for not making allotment of land to other Government servants at concessional rate as per the Government policy.