PATAN MUNICIPALITY Vs. JOINT SECRETARY,REVENUE DEPARTMENT

JUDGEMENT

(1.) The present petition is filed by the petitioner- Municipality under Article 226 as well as under the provisions of Bombay Land Revenue Code for the prayer as prayed for interalia that appropriate writ, order or direction may be issued, to quash and set aside the order passed in Revision Application No. 22/2004 by the Secretary and further directions that the order passed by the collector respondent no.2 dated 2.8.2004 regarding the grant of land bearing survey no. 109 and survey no. 2+76 in the Gungdipati area of the Town of Patan in favour of respondent no. 3 may be quashed and set aside.

(2.) The background of facts as narrated in the order of the Collector speaks for itself that the land of the respondent no.3 has been taken over by the petitioner Municipality in and around 1970 and thereafter a resolution at Annexure D dated 14.7.74 was passed, that the land referred to therein may be sold to him @ of Rs 20 per sq. meter. It appears that inspite of the fact that the resolution passed by the Municipality giving necessary approval by the concerned authority, which has not been given to him, it led to a representation/communication which culminated into an impugned order passed by the collector dated 21.5.2004. The order passed by the Collector dated 21.5.2004 recorded the background and because of the resolution passed by the Municipality, the Municipality cannot be permitted to wriggle out from the obligation having taken away the land of the respondent no.3. In fact the Municipality at the relevant time passed the resolution making the allotment and the said land was taken away during the Gaekwad regime for the purpose of hospital in 1922. It appears that, having recorded all the details the Collector passed an order that the municipality estopped from backing out from the obligation after so many years and therefore, the Collector even after making the note of the Town Planning has made the observations that out of the total area now the area would be less because of the Town Planning and therefore, the order was passed to give the land for the purpose of residence subject to the conditions. This order was carried before the Secretary Revenue Department by way of Appeal No. 22/2004 under section 203 of the Land Revenue Code. The Secretary Appeals vide order dated 6.5.2005 at Annexure A confirmed the order of the Collector with specific observations that the Municipality having accepted the money, such objection cannot be accepted and it has also taken note that the land was granted years back for which the amount was accepted. It is also recorded that in the background of facts when the land was allotted in lieu of his land which was taken away, there is no justification.

(3.) The submissions which have been made by learned advocate Shri Shivang Shah on the ground that it is required for Town Planning has no legs to stand as the Collector while passing the order took note of this fact and on the contrary reduced the area which was originally required to be given to respondent no.3. Therefore, after keeping the provisions for Town Planning, the order is passed for only 58-90-07 sq. meters. It is also challenged by the Municipality on the ground of Town Planning.