DASA SORATHIYA VANIK GNATI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is a petition by the trustee of a registered public trust styled as Shree Dasa Sorathiya Vanik Gnati Junagadh. The subject-matter of the challenge in this petition is the Collector Junagadhs order-annexure H to the petition dated 22nd August 1973 passed by him under sec. 258 of the Gujarat Municipalities Act 1963 (hereinafter referred to as the Act for brevitys sake) and the Governments order-annexure I dated 10th May 1974 purporting to have been passed under sec. 262 (2) of the Act.

(2.) A few facts require to be stated.

(3.) In the city of Junagadh there was a part of a public street. A part of that land admeasuring 369-1 square yards was sold by the Junagadh Municipality deemed to be constituted under the Gujarat Municipalities Act 1963 at the concessional rate of Rs. 1.00per square yard. Different resolutions had come to be passed by the municipality in this connection. First was the resolution no. 1534 dated 17-3-1971 resolving to sell the said land to the petitioners trust. The second resolution is No. 811 dated 30-3-1971 cancelling the earlier resolution to take the proceedings under sec. 146 of the Act to close that street. The third resolution is No. 158 dated 15-6-1971 reiterating this bodys resolve to give the land to this petitioner-trust as decided earlier. The next resolution is No. 244 dated 9-8-1971 cancelling the earlier resolution No. 158 dated 15-6-1971 because the Chief Officers report about closing the street was not implemented before passing that earlier resolution. Then comes the last resolution No. 485 dated 29-1-1972 noting the proceedings under sec. 146 of the Act having been undertaken and also nosing the fact that no citizen had objected to the notice dated 25-10-71 issued by the municipality inviting objections. The resolution then purported to note that the said public street was closed and lastly it resolved to sell the land to the petitioner- trust. In pursuance of that resolution the sale consideration was accepted and the sale deed was already executed.