BHARAT SANCHAR NIGAM LIMITED Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BHARAT Sanchar Nigam Limited (BSNL) has questioned the decision of the State Government in allotting two small portion of the land each admeasuring approximately 20 sq. meters to respondent Nos. 4 and 5 respectively for their personal residence. The petitioner seeks its claim over the very same land for accessing its telephone exchange in Mansa Nagarpalika. The Government has alloted the land to respondent Nos. 4 and 5 after due consideration and upon collection of market price. Adjoining the said land, there are other shops and establishments existing occupied by private individuals. It is further the case of the petitioner that through this very land they were accessing the main road from the Telephone Exchange. It is not in dispute that the telephone exchange has three other gates abutting the main road through which the Telephone Exchange can be reached. On this ground, therefore, it would not be possible to accept the request of the petitioner. When the Government has taken a conscious decision after due consideration to allot small pieces of land to individuals for personal residence on payment of market price, the insistence of the petitioner that the said land be kept open or allotted to them at market price for creating 4th access to the Telephone Exchange need not be accepted.

(2.) UNDER the circumstances, I find no merits in the petition. The petition is dismissed. Rule is discharged. Interim relief is vacated. The petitioner has deposited certain amount before this Court during the pendency of the petition. The same shall be returned to the petitioner.

(3.) AT the request of the learned counsel for the petitioner, this judgment shall stand stayed for a period of four weeks.