SHARADBHAI RANCHHODJI DESAI Vs. VASANT RATILAL DESAI

JUDGEMENT

(1.) THE dispute between the petitioners and respondent Nos. 1 and 2 on the other hand relates to open parcel of land falling on the rear side of the properties bearing City Survey Nos. 3536, 3637 and 3638 of Ward No. 6, owned by the petitioners. Upon application made by respondent Nos. 1 and 2 the said open portion of land, admeasuring 27. 87 sq. mtrs. was allotted by the Collector vide order dated 31. 01. 1992 @ Rs. 225 per sq. mtrs. , in light of the resolution of respondent No. 2-Municipality dated 30. 04. 1991 to recommend the allotment of the said land as the same was not under reservation nor would it effect the development plan for the said area, according to respondent No. 2-Municipality. The order made by Collector was carried in RTS Appeal No. 3 of 1992, which came to be dismissed on 04. 06. 1993 by the Special Secretary (Appeals), Revenue Department.

(2.) THE challenge raised by the petitioners in the petition must succeed in light of the fact that it is accepted by the learned advocate for respondent Nos. 1 and 2 that the issue stands concluded by judgment rendered in the case of Jal Sampatti Parivar Co-operative Housing Society, Surat Vs. State of Gujarat and Ors. , 2007 (3) GLR 2310 by this Court on 27. 12. 2006.

(3.) APPLYING the ratio of the said judgment, it is apparent that in absence of any public auction the property could not have been parted with by the State Authority in the manner it was done. Hence, the orders dated 31. 01. 1992 made by the Collector, as confirmed by the order 04. 06. 1993 by the Special Secretary are both quashed and set aside. The petition is accordingly allowed in the aforesaid terms. Rule made absolute. There shall be no order as to costs.