BHAVANBHAI JETHABHAI PARMAR Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) RULE. Learned Assistant Government Pleader appearing for respondent authorities is directed to waive service.

(2.) THIS petition has been preferred challenging communication / order dated 09/06/2009 made by the District Collector, Ahmedabad, respondent No. 1 herein whereby while deciding the application made by the petitioner for converting the land in question from new tenure to old tenure by removal of restrictions the rate of premium payable by the petitioner has been fixed at Rs. 5,500/- per square metre.

(3.) THE case of the petitioner is that the land in question being Survey No. 99 (final plot No. 79) falls within town planning scheme No. 85 of Makarba and the necessary rate fixed in the Jantri viz. , the statement setting out the value indicates the rate of vacant land at the rate of Rs. 3,000/- per square metre and not at Rs. 5,500/- per square metre. This fact is available from the extract of Jantri obtained by the petitioner under Right to Information Act as appearing at Annexure C. That in-fact the petitioner had invited attention of the respondent authority to the said error which was likely to be committed by communication dated 26/08/2008 followed up by communication dated 02/09/2008 but respondent authority did not take care to rectify the error. That through oversight rate applicable to land covered by town planning scheme No. 205 has been applied and hence the said order is required to be quashed and set aside directing respondent authority to pass a correct order. In the alternative the Court may direct the respondent authority to accept payment at the rate applicable to the land in question and grant the necessary permission for conversion after removal of restrictive covenants.