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2009 Supreme(SC) 1498
2009(6) Supreme 378
SUPREME COURT OF INDIA
Dalveer Bhandari and Harjit Singh Bedi, JJ.
Lokprakashan Ltd. — Appellant
versus
Kanchanbhai Kanbhai Tadvi & Others — Respondents
Civil Appeal No. 5692 of 2001
Decided on : 27-08-2009
For the Appellant :D.A. Dave, Sr. Adv., Anip Sachtehy, Mohit Paul and Mrs. V.D. Khanna (N.P.), Advocates.
For the Respondents:Manu Nair, Arun Mohan (for M/s. Suresh A. Shroff & Co.), Ms. Hemantika Wahi, Ms. Mamta Tushir, Garvesh Kabra and Shrish Kumar Misra, Advocates.
IMPORTANT POINT
Not only the Press have a right guaranteed under Article 19(1)(a) of freedom of speech through publication, but public at large has the right to have information disseminated.
Headnote:Urban Land (Ceiling and Regulation) Act, 1976 – Section 20 – Application made by appellant Lokprakashan Limited to Municipal Commissioner for grant of 5000 Sq. Mtrs. of land belonging to the Baroda Municipal Corporation comprised in Final Plot No.1 of Town Planning Scheme No.9 situated at Baroda at a reasonable price – It was prayed in the application that the Lokprakashan daily was publishing a Gujarati Samachar daily from Baroda for the last seven years and as it did not have any premises of its own, it was operating from a rented premises – State of Gujarat through the Deputy Secretary, Revenue Department, in exercise of power under section 20 of the Act, pursuant to the proposal made for grant of exemption to the land admeasuring 5000 Sq. Mtrs. proposed to be sold to the appellant, granted exemption under section 20 the Act, subject to certain conditions stipulated in the said order – A petition was filed before the High Court praying for issuance of a writ to set aside the order of the State Government exempting the land in question under section 20 of the Act and also to set aside Resolution of the General Board of the Municipal Corporation – Appeal against order of High Court – Instantly the procedure was admittedly fully followed – The price at which the land was sold was Rs.1000/- per Sq. Mtr. and it was not less than the then current market value because Town Planner had suggested Rs.1100/- per Sq. Mtr – Adjoining plot was auctioned by the Baroda Urban Development Authority at a price of Rs.900/- per Sq. Mtr. – Thus the price was also reasonable and not below the market value – Appellant had paid a sum of Rs.50 lakhs @ Rs.1000/- per Sq. Mtr. before this Court and thus, section 79 Stood complied with – Purchase of the land had been totally in consonance of all rules and regulations and with the approval of concerned authorities – All procedural formalities had been strictly complied with – In the facts and circumstances of the case, impugned judgment of High Court could not be sustained – Impugned judgment of the High Court set aside – Appeals allowed. (Paras 27 to 33)
Facts of the Case :
1. An Application was made by appellant Lokprakashan Limited to Municipal Commissioner for grant of 5000 Sq. Mtrs. of land belonging to the Baroda Municipal Corporation comprised in Final Plot No.1 of Town Planning Scheme No.9 situated at Baroda at a reasonable price.It was prayed in the application that the Lokprakashan daily was publishing a Gujarati Samachar daily from Baroda for the last seven years and as it did not have any premises of its own, it was operating from a rented premises. State of Gujarat through the Deputy Secretary, Revenue Department, in exercise of power under section 20 of the Act, pursuant to the proposal made for grant of exemption to the land admeasuring 5000 Sq. Mtrs. proposed to be sold to the appellant, granted exemption under section 20 the Act, subject to certain conditions stipulated in the said order. A petition was filed before the High Court praying for issuance of a writ to set aside the order of the State Government exempting the land in question under section 20 of the Act and also to set aside Resolution of the General Board of the Municipal Corporation.
2. Present appeals have been filed against said order of High Court.
Findings of the Court
Instantly the procedure was admittedly fully followed. The price at which the land was sold was Rs.1000/- per Sq. Mtr. and it was not less than the then current market value because Town Planner had suggested Rs.1100/- per Sq. Mtr. Adjoining plot was auctioned by the Baroda Urban Development Authority at a price of Rs.900/- per Sq. Mtr.. Thus the price was also reasonable and not below the market value. Appellant had paid a sum of Rs.50 lakhs @ Rs.1000/- per Sq. Mtr. before this Court and thus, section 79 Stood complied with. Purchase of the land had been totally in consonance of all rules and regulations and with the approval of concerned authorities. All procedural formalities had been strictly complied with. In the facts and circumstances of the case, impugned judgment of High Court could not be sustained and was set aside.
Result : Appeals allowed.
JUDGMENT
Dalveer Bhandari, J.—
1. These appeals are directed against the judgment and final order dated 15.6.2001 of the High Court of Gujarat passed in Special Civil Application No.723 of 2000 along with Special Civil Application Nos.2994 and 6470 of 1999.
2. As the common question of law is involved in these appeals, therefore, these appeals are being disposed by a common judgment. The facts of the Civil Appeal No.5692 of 2001 are recapitulated for properly comprehending the controversy in the case.
3. A daily Newspaper namely ‘Gujarat Samachar’ started its publication of a Gujarat local daily newspaper from Ahmedabad in 1932.
4. An application was made by the appellant Lokprakashan Limited on 19.1990 to the Municipal Commissioner for grant of 5000 Sq. Mtrs. of land belonging to the Baroda Municipal Corporation comprised in Final Plot No.1 of Town Planning Scheme No.9 situated at Baroda at a reasonable price. It was prayed in the application that the Lokprakashan daily was publishing a Gujarati Samachar daily from Baroda for the last seven years and as it did not have any premises of its own, it was operating from a rented premises.
5. The Municipal Commissioner prepared a proposal for consideration of the Standing Committee for allotment of land of 5000 Sq. Mtrs. at a price to be fixed by the Deputy Town Planner for transfer of the land.
6. The proposal was considered by the Standing Committee of the Municipal Corporation who has passed a resolution dated 29.11.1990 bearing No. 646, inter alia resolving to approve the proposal of the Commissioner. The resolution of the Standing Committee was placed before the General Board of the Baroda Municipal Corporation. There was a proposal for confirmation and acceptance of the recommendations of the Standing Committee and the second proposal opposing the sale of the land to the appellant. These proposals were considered vide Resolutions No.727 and 728.
7. It may be pertinent to mention that respondent no.1 Kanchanbhai Kanbhai Tadvi was an elected Councilor and he was present at the meeting and both the proposals were taken up for consideration in his presence and he voted in favour of the proposals to accept the recommendation of the Standing Committee for sale of the land to the appellant and opposed the proposal for not selling the land to the appellant.
8. The appellant on 5.1.1991 addressed a communication to the Municipal Commissioner, Baroda Municipal Corporation, inter alia expressing its consent to pay the price as may be fixed by the Deputy Town Planner and also expressed its consent to pay valuation fees on that behalf.
9. The Baroda Municipal Corporation on 7.1.1991 applied to the Revenue Department, Government of Gujarat for grant of exemption under section 20 of the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as the ‘Urban Act’) with respect to the land sold to the appellant as well as with respect to the lands comprised in final plot No.1 of town planning scheme No.9 originally comprised in revenue survey No. 94. Exemption was sought for other lands to be sold to the Indian Airlines, Baroda Urban Development Authority and Gujarat State Fertilizers Company Ltd. as well as exemption was sought with respect to the land to be sold to the appellant.
10. The State of Gujarat on 27.5.1993 through the Deputy Secretary, Revenue Department, in exercise of power under section 20 of the Act, pursuant to the proposal made for grant of exemption to the land admeasuring 5000 Sq. Mtrs. proposed to be sold to the appellant, granted exemption under section 20 the Act, subject to certain conditions stipulated in the said order.
11. The Deputy Commissioner called upon the appellant to pay an amount of Rs.55 lakhs towards the price of the land valued at Rs.1100/- per Sq. Mtr.
12. The appellant, vide letter dated 26.10.1993, pointed out that very recently an adjoining land situated in the same final plot was sold to the Baroda Urban Development Authority at Rs.9
