T R ASSOCIATES Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The prayer of the petitioner is to quash the order dated 26.6.1995, Annexure : O to the writ petition, passed by the State Government in Revision and to confirm the communication dated 1.1/2.1998 contained in the order of the State Government dated 3.11.1991, Annexure : F, and to quash all proceedings taken in persuance of State Government orders dated 26.6.1995.

(2.) Brief facts are as under : The land development scheme was framed by the Government for development and improvement of Khadi land situated in Bharuch near Civil Hospital. It was done under the Government resolution dated 24.6.1986 read with Collector's order dated 21.7.1986. Initially it was decided that lease of this land be given to G.N.F.C. for the purposes of reclaiming the land with industrial waste known as fly ash. It was also decided to form a committee for the purpose of disposing of the land by public auction. The land was reclaimed by G.N.F.C. Thereafter it was decided to sell the said land to private parties for the development with certain conditions. The Committee for disposal of land was formed under the Resolution of the Government. The committee made repeated efforts for disposal of the land by public auction, but on several occasions it failed. First auction was held by inviting tenders from public on 22.5.1987, but due to unavoidable circumstances auction could not materialise. Second auction was made on 6.6.1987, but only one person filled up tender and that too only for one plot No.5. The entire land was divided into 50 plots. Since the tender was received only for one plot further action could not proceed. The third attempt was made on 1.7.1987. Public auction was held, but since up-set price was higher no body participated in this public auction. Thereafter tenders were invited on 28.7.1988. This also could not materialise because the Bharuch Nagar Palika obtained stay order against the auction proceeding. On 11.9.1989 tenders were again invited but only one person came forward hence it was not accepted. The Government was approached in the matter and by letter dated 2.3.1990 he directed to auction the land by public auction. As such public auction was held on 20.11.1990. Up-set price was high hence nobody offered to buy the land. Thereafter the Government had directed through its order dated 27.12.1990 to dispose of the land by inviting tenders from the public. In view of this invitation the petitioner filled up tender considering the lay out plan and the land which was to be left at the rate of Rs.90/per sq.mtrs. One Parikh & Parikh Engineers had also filled-up tender at the rate of Rs.84.00 per sq.mtrs. Both the tenders were sent to the Government for approval. The Government by its order dated 3.11.1991 accepted the tender of the petitioner being highest. However, the Government directed to call the person personally for the purposes of raising the price and also to inquire whether some other Government Department was prepared to take the land or not. The collector in response to this letter called the petitioner and Parikh and Parikh Engineers on 28.1.1992. Parikh and Parikh Engineers was not willing to raise the price beyond Rs.84.00 per sq.mtrs., but the petitioner was willing to enhance the price from Rs.90/to Rs.95.00 per sq.mtr. The Telephone Department was also contacted by the Collector. This Department was not willing to purchase the land. Accordingly the meeting of the Committee was held on 22.1.1992 and after discussion the Committee decided to acceept the tender in view of the Government order dated 3.11.1991. The petitioner, in view of this acceptance, under orders of the Collector, was directed to deposit Rs.9,93,890.00 which was deposited by the petitioner through three challans. Final order of the Collector was passed on 1.1/2.1992 granting the said land to the petitioner vide Annexure : F. Possession of the land was handed over to the petitioner on 5.2.1992 and Sanad was also executed in favour of the petitioner vide Annexure : H. The petitioner issued receipt of receiving possession of the land vide Annexure : G. Entries were made in the name of the petitioner in City Survey records vide Annexure : I.

(3.) The allegation of the petitioner is that the respondent No.3 Suresh Laxmidas Mehta who was not interested in the subject matter of this land and who had no locus-standi to challenge the order passed in favour of the petitioner, preferred revision before the Secretary (Appeals) under Sec.211 of the Bombay Land Revenue Code challenging the order of the Collector dated 1.1/2.1992. Since this order was passed essentially by the State Government which was communicated by the Collector through this order, according to the petitioner, the Secretary (Appeals) had no jurisdiction or authority to revise the order of the state Government inasmuch as he is also exercising the powers of the State Government under Section 211 of the Bombay Land Revenue Code. Since the point of jurisdiction goes to the root of the matter the petitioner filed Special Civil Application No.2413 of 1992 taking the plea of jurisdiction. However, the said writ petition was withdrawn with liberty to file fresh writ petition in case the revision is decided against the petitioner. Since the revision was decided on 9.12.1993 against the petitioner this writ petition has been filed. According to the petitioner there was also communication from the Revenue Department that the Secretary (Appeals) had no power or authority to revise the order of the State Government, still the revisional Authority proceeded to hear and decide the revision against the petitioner on 26.6.1995. The copy of the said order was received by the petitioner in last week of July, 1995. This order has been challenged in the instant writ petition by the petitioner mainly on the ground that the order of the Revisional Authority is without jurisdiction and illegal.