MANGUBHAI NARAYANBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS petition has been preferred challenging order dated 29. 08. 2008 (Annexure-A) made by respondent No. 2, Collector, Valsad, rejecting the application made by the petitioner to lease out the land in question to the petitioner. A further prayer seeks direction to respondent No. 2, to reconsider the case of the petitioner by permitting the petitioner, to shift from the parcel of land occupied by the petitioner so as to leave margin of land which may be required to avoid congestion of traffic by allotting a fresh parcel of land, and permit the petitioner to develop such newly allotted land by granting lease at a specified amount for a specified duration. The petitioner has further prayed that the petitioner may be directed to furnish an undertaking before the Collector, that the petitioner shall vacate such land on a notice period of 24 hours, if the land in question is required by the State for expansion of road or for any other purpose.

(2.) THE petitioner appears to have been granted land admeasuring 900 sq. ft. on lease on payment of rent fixed by the authority. It is the say of the petitioner that the said lease by the Collector continued from time to time. The last of such lease expiring on 31. 5. 2005.

(3.) IT appears that in the meantime, vide Special Civil Application No. 6272 of 1991, the petitioner approached this Court challenging notice issued by Parnera Pardi Gram Panchayat to vacate the land. The said petition came to be disposed of by this Court vide order dated 5. 10. 2005 (Annexure-E ). The petitioner thereupon filed an application for review being Misc. Civil Application No. 2012 of 2007, which came to be disposed of by the Court vide order 28. 3. 2008. In the said order, the Court recorded in paragraph No. 7 as under :