VODODRA DODIA KELAVANI MANDAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE short facts of the case appear to be that the Petitioner made application to the State Government in the year 1986 for grant of land for establishing the school. The State Government vide order dated 9. 6. 1994 forwarded yadi to the Collector for allotment of the land admeasuring 6997-75-00 sq. meters bearing Survey No. 642, but, as the construction was already made by way of encroachment, the same was ordered to be regularized upon the payment of Rs. 2,62,415. 62, being 2. 5 times the price at Rs. 15/- per sq. meter. Based on the order of the State Government, the District Collector vide order dated 29. 6. 1994 passed the order calling upon the Petitioner to make the payment of Rs. 2,62,415. 62. However, it appears that thereafter the Petitioner preferred revision before the Secretary (Appeals) under Section 211 of the Bombay Land Revenue Code, but the said revision was returned, since the Collector had acted based on the order of the State Government. It is under these circumstances the Petitioner has approached this Court by the present Petition.

(2.) HEARD Mr. Thakkar for the Petitioner and Mr. K. P. Raval, learned AGP for the State.

(3.) THE contention of the Petitioner appears to be that as per the policy of the Government, if the encroachment is made, the same is required to be considered as per the Government Resolution dated 8. 1. 1980 (copy whereof is produced at Annexure-G ). It has been submitted that, as per the said resolution, if the encroachment is to be regularized of a Trust or a legal authority, the penalty would be Re. 1/- and the price is to be collected accordingly. Therefore, it has been prayed by the Petitioner in the present Petition that the land be allotted to the Petitioner by charging fine of Re. 1/- as per the Government Resolution dated 8. 1. 1980.