MURALIDAR THAKUMAL SHADADPURI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this intra court appeal, the appellant has challenged the impugned judgment and order dated 02.08.2018 passed by the learned Single Judge of this Court in Special Civil Application No. 14172 of 2013, by which the learned Single Judge was pleased to dismiss the writ petition of the appellant and the present Letters Patent Appeal is filed under Clause 15 of the Letters Patent on the grounds mentioned in the appeal memo.

(2.) Learned senior advocate Mr. S.H. Sanjanwala on behalf of the appellants has mainly submitted that the original owner of the captioned lands was the Government and by way of two different notifications in the year 1975 and 1976, the captioned lands were allotted to Dr. K.K. Chawla, thereafter an absolute sale in favour of Dr. K.K. Chawla. Afterwards a sale-deed dated 31.07.1980 by paying full consideration under the provision of Section 20 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954. Thereafter, Mr. Muralidar Thakumal Shadadpuri purchased the land from Dr. K.K. Chawla by a registered sale-deed and during the pendency of this appeal, Muralidar Thakumal Shadadpuri, who was expired and therefore his heirs joined as the party as appellants. He has also submitted that afterwards Mr. Muralidar Thakumal Shadadpuri applied before the Ahmedabad Municipal Corporation for the construction of the building and the permission of the commencement of the construction (Rajachitthi) was granted in favour of Mr. Muralidar Thakumal Shadadpuri but thereafter the Collector, Ahmedabad wrote a letter to the Ahmedabad Municipal Corporation that the lands originally granted to Dr. K.K. Chawla with the condition that it will be used only for the purpose of Hospital and Clinic and it will not be for sale and they are not entitle for the permission granted for the commencement, building (Rajachitthi), therefore, Ahmedabad Municipal Corporation has suspended the above mentioned permission of construction (Rajachitthi). Therefore, the appellant had filed Special Civil Application No. 14172 of 2013 before the learned Single Judge and after hearing both the sides, the learned Single Judge was pleased to dismiss the Special Civil Application. Hence, the present Letters Patent Appeal is filed.

(3.) Learned senior advocate Mr. S. H. Sanjanwala, for the appellants has submitted that earlier in the year 1975 and 1976 the captioned lands were allotted to Dr. K.K. Chawla with some conditions but at the same time afterwards a sale-deed was executed by the Government in favour of Dr. K.K. Chawla on 31.07.1980 but in the said sale-deed, such type of conditions are not mentioned and moreover the sale-deed itself contain "absolute sale" and therefore Dr. K.K. Chawla become the absolute owner without any control or restriction of the Government and therefore he has all the rights to sell the captioned lands to anyone without any condition and moreover the condition regarding the use of the said captioned lands, which was earlier granted only for Hospital and Clinic, were also not mentioned in the sale-deed and after the sale-deed dated 31.07.1980 Dr. K.K. Chawla has all the rights as the owner of the captioned lands and therefore the appellants had rightly purchased the land from him by a registered sale - deed. He has also submitted that after purchasing the land by the appellants from the owner Dr. K.K. Chawla, mutation entry has been passed in the record of City Survey Office also and thereby the appellants become sole owner of the lands and considering all the facts and circumstances, the Ahmedabad Municipal Corporation has rightly granted the permission for commencement of the construction of the building (Rajachitthi) but afterward due to the letter of the Collector, Ahmedabad, the permission granted for the construction of the building was suspended, which is illegal act on the part of the Government. He has also submitted that during holding of Dr. K.K. Chawla, he had received a permission from the concerned authority that he may use the lands for Clinic as well as residential purpose and such permission was granted in the year 1982. The concerned authority has also written a letter to the Ahmedabad Municipal Corporation for not to issue BU certificate for the completion of the building. He has also submitted that whether the use for residential purpose was granted to Dr. K.K. Chawla that there will not be any harm, then to grant such type of permission of residential units / flats constructed by the appellants will not be any harm. He has also submitted that the appellants have offered four flats and Rs. 1 crore to the Government, eventhough the Government has not granted the permission. At last, he has prayed to grant the present Letters Patent Appeal and to set aside the order of the learned Single Judge passed in the above mentioned Special Civil Application.