KARSANBHAI DEVABHAI ODEDARA Vs. JUNAGADH MUNICIPALITY

JUDGEMENT

(1.) BOTH these petitions under Article 227 of the Constitution are filed against two separate orders dated 21. 04. 2004 passed by the Civil Judge (J. D.), Junagadh allowing Application Nos. 129 and 130 respectively in Regular Civil Suit No. 648 of 1992.

(2.) THE petitioner herein has filed the above-numbered suit in the Court of Civil Judge (S. D.), Junagadh for declaration that the petitioner is entitled to put up construction on the suit land bearing Survey Nos. 383 and 384, Plot No. 1 and 2 paiki i. e. land bearing Final Plot No. 70/2 at Junagadh as per the approved lay out and building permission granted by the Municipality on 05. 02. 1992. The petitioner has also prayed that the stay order dated 25. 11. 1992 granted by the Municipality against construction on the above land may not be acted upon and the Municipality may be restrained from interfering with the construction being put up by the petitioner on the above land. The above-numbered suit was filed before the Civil Court at Junagadh on 25. 11. 1992. It appears that during pendency of the suit, the plaintiff (petitioner herein) was permitted to proceed with the construction and completed construction of building called "star Building".

(3.) IN the said suit, the Municipality filed a written statement and opposed the suit inter-alia disputing the petitioner's claim for ownership over the suit land. It was contended that a part of the building was also constructed on land bearing Survey No. 214. In the said suit, Junagadh Municipal Corporation filed application Exh. 119 contending that from the documents produced by the plaintiff, it appears that the land bearing Survey No. 214 appears to be of the ownership of the State Government and that the question whether the land belongs to the petitioner plaintiff, the defendant Municipality or the State Government would have to be decided before granting any relief to the petitioner plaintiff. The State Government will be affected by the outcome of the suit and any decision rendered in the suit without joining the State Government as a party may create complications. Hence, the State Government is a necessary party and the State Government may be joined as party through Collector, Junagadh.