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2001 Supreme(Guj) 341

Gujarat High Court
Judgename :B.C.PATEL, P.B.MAJMUDAR
KANCHANBHAI KANBHAI TADVI - Appellant
Versus
MUNICIPAL CORPORATION OF THE CITY OF VADODARA - Respondent
S.C.A. 723 of 2000
Decided On : 06/15/2001

Advocates Appeared: B.S.PATEL, HARIN P.RAVAL, HARSHAD J.SHAH, PRANAV G.DESAI, RANJAN B.PATEL

Headnote:

Civil Procedure Code, SPECIAL Civil Application is preferred by the petitioners, inter alia, praying to quash and set aside the order passed by the State Government exempting the plot admeasuring about 5000 sq. mtrs. of F. P. No. 1, T. P. S. No. 9 quash and set aside the resolution of the Standing Committee of the Corporation accepting the proposal of the Municipal Commissioner, (iii) to quash and set aside the resolution passed by General Board approving the proposal of the Standing Committee (iv) to quash and set aside the transaction between the first respondent, namely, Municipal Corporation of City of having its office at and, (v) to direct the third respondent Limited to hand over the possession of the plot to the first respondent, Municipal Corporation. petitions are filed against the contesting respondent Press Limited, while the third petition is filed against the contesting respondent, Limited. this group of petitions raise questions about allotment of plots to the contesting respondents on the grounds that the actions were violative of mandatory provisions of law and that the actions were taken to favour the contesting respondents –Held, land which was in a residential zone for constructing residential houses, without inviting public tender and keeping aside other claimants, a decision was taken for transferring a plot for the use which was not permissible in a residential zone. respondent no. 3 failed to carry out its obligation, the petitioners moved the Court that the purpose of allotment of the plot was to establish the press within a reasonable period, but, for more than five years, nothing was done respondent no. 3 failed to develop the plot as promised, it cannot be said that the petitioner no. 1 has any grudge against the respondent no. 3 and or the petition is filed for the purpose of vindication of personal grudge or enmity –Orther two petitions which are filed against the Press Limited for allotment of the land must be allowed for the aforesaid reasons what court have stated hereinabove, the plot which is handed over to the respondent no. 3 in SCA cannot be said to have been vested in the respondent no. 3 and peaceful and vacant possession of it shall be handed over to the Municipal Corporation by respondent no. 3. So far as the amount is concerned, whatever amount has been paid by the respondent no. 3 of SCA No. 723 of 2000, must be returned to it with interest at the rate of 12%. said amount shall be returned within a period of six weeks possession of the said plot as stated above shall be handed over immediately –Petitions stand allowed.

P. B. MAJMUDAR, J.

( 1 ) SPECIAL Civil Application No. 2994 of 1999 is preferred by the residents of Vadodara City challenging the action of Vadodara Municipal Corporation of allotting a plot bearing Final Plot (F. P.) No. 1 of Town Planning Scheme (T. P. S.) No. 9 to the respondent no. 4 at a price less than the market price.

( 2 ) SPECIAL Civil Application No. 6470 of 1999 is preferred by the petitioners seeking similar reliefs which are prayed for in Special Civil Application No. 2994 1993>.

( 3 ) SPECIAL Civil Application No. 723 of 2000 is preferred by the petitioners, inter alia, praying (i) to quash and set aside the order dated 23/05/1993 passed by the State Government exempting the plot admeasuring about 5000 sq. mtrs. of F. P. No. 1, T. P. S. No. 9; (ii) to quash and set aside the resolution of the Standing Committee of the Corporation (Annexure-C) dated 29/11/1990 accepting the proposal of the Municipal Commissioner, (iii) to quash and set aside the resolution passed by General Board on 29/12/1990 approving the proposal of the Standing Committee (iv) to quash and set aside the transaction between the first respondent, namely, Municipal Corporation of City of Vadodara and Lokprakashan having its office at Ahmedabad; and, (v) to direct the third respondent Lokprakashan Limited to hand over the possession of the plot to the first respondent, Municipal Corporation.

( 4 ) THE first two petitions are filed against the contesting respondent, The Sandesh Press Limited, while the third petition is filed against the contesting respondent, Lokprakashan Limited. Thus, this group of petitions raise questions about allotment of plots to the contesting respondents on the grounds that the actions were violative of mandatory provisions of law and that the actions were taken to favour the contesting respondents.

( 5 ) THE facts of both the petitions are required to be narrated in details which are as under :" SCA No. 723 of 2000 5. 1 the provisions contained in the Urban Land [ceiling and Regulation] Act, 1976 (hereinafter referred to as the `ceiling Act) were applicable to the lands situated in the limits of Vadodara City and within the periphery of the City. The lands were and are also governed under the provisions contained in the Gujarat Town Planning and Urban Development Act, 1976 (hereinafter referred to as the `development Act) and the provisions contained in the Bombay Provincial Municipal Corporation Act, 1949 (hereinafter referred to as the `bpmc Act ). 5. 2 the plot in question came to be vested in the first respondent - Corporation and considering the size of the plot, at the time of disposal, the same was to be dealt with and disposed of in accordance with the provisions contained in the Ceiling Act, the BPMC Act and the Development Act. The said plot was situated in the T. P. S. No. 9 and it was earmarked for a particular purpose or use. From the map, it is clear that the plot demanded is situated on the main road leading to Karelibaug from Fatehgunj. It is situated on the road connecting Fatehgunj road. The entire plot is on the road of Fatehgunj and Karelibaug road. Further, it is alleged in the petition that in or about the year 1989, the third respondent exerted some influence upon the Councillors of the Corporation. As a result, the Commissioner addressed a letter on 19/10/1990, the copy of which is annexed at Annexure-A to the petition. 5. 3 reading Annexure-A, it appears that the respondent no. 3 addressed a letter through its Manager, inter alia, conveying information to the Municipal Commissioner that for the last about seven years from the date of writing of the letter, a daily newspaper was being published from the City. The office was in the rented premises having inadequate size. Therefore, a request was made to allot a plot admeasuring about 5000 sq. mtrs. out of the plot situated opposite Petrol Pump in Karelibaug of T. P. S. No. 9 being F. P. No. 1 at a reasonable rate. It seems that the Municipal Commis





































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