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2002 Supreme(Guj) 352

Gujarat High Court
Judgename :B.C.PATEL, RAVI R.TRIPATHI
SUO MOTU - Appellant
Versus
STATE - Respondent
S.C.A. 10640 of 2000
Decided On : 04/26/2002

Advocates Appeared: AMIT PANCHAL, ARUN D.OZA, B.S.PATEL, D.N.Patel, D.PANDEY, KETAN DAVE, M.D.PANDYA, MEHUL H.RATHOD, P.C.KAVINA, P.K.JANIKIRAN, R.J.GOSWAMI, RANJAN B.PATEL, S.B.VAKIL, S.Tripathy

Headnote:

Gujarat Co-Operative Societies Act, 1961 - Urban Land (Ceiling and Regulation) Act, 1976 – Section 20- Judgment was in progress - Proceed further and complete the judgment. Since this Bench is assembling only for half of a day on some Fridays for taking up specially assigned matters, the aforesaid application could be disposed of - Delay in completing the judgment occasioned, and after disposal of the aforesaid Civil Application - Lack of time on account of pressure of the regular court work, the matter was again kept – Held, Government file, including various confidential letters - Irregularities and illegalities in connection with allotment of land - Co-Operative Housing Society - Public Interest Litigation at the relevant time, after perusing the file minutely, passed an order - Issuing notice to the Chief Secretary, returnable - Granting the time, also issued notice to the Chairmen and Secretaries of the three Societies - Public advertisement allottees of the plots and occupiers of the plots and superstructures put upon the plots to appear before the Court and file necessary documents, there is no need to separately grant this application. This application is rejected accordingly - Clarification and the later for permission to be owner/lessor of the premises of the basement separate orders on these Civil Applications and both the Civil Application stands rejected accordingly - Lengthy judgment, and having discussed the issues under various headings, - though there are overlappings and the discussion is not strictly confined to the headings - Appropriate to indicate the headings, relevant paragraphs and page numbers in a tabular form in this note as an attachment to this judgment. This would facilitate a quick reference to the relevant discussions.

B. C. PATEL, J.

( 1 ) AFTER conclusion of hearing, judgment in the matter was reserved, and dictation and typing of the judgment was in progress. However, in the meanwhile, Ms. Gauri Kumar filed a Civil Application No. 12100 of 2001 and we could not proceed further and complete the judgment. Since this Bench is assembling only for half of a day on some Fridays for taking up specially assigned matters, the aforesaid application could be disposed of only on 19th January 2002. Hence some delay in completing the judgment occasioned, and after disposal of the aforesaid Civil Application, we thought it fit to proceed with the judgment in this matter in the open Court. Thereafter, certain portions of this order were dictated in the open Court. Due to lack of time on account of pressure of the regular court work, the matter was again kept as C. A. V. and is pronounced today. In this complex situation, the date of this judgment shall be deemed to be the date of pronouncement of the judgment. ] GENESIS OF THIS PROCEEDINGS:

( 2 ) XEROX copy of a Government file, including various confidential letters, along with a forwarding letter purported to have been signed by one Piyush Soni, was forwarded to this Court by Speed Post. The subject matter of the file was irregularities and illegalities in connection with allotment of land to Sumangalam Co-Operative Housing Society. The Court (Coram: B. C. Patel and C. K. Buch, JJ.), which was taking up Public Interest Litigation at the relevant time, after perusing the file minutely, passed an order on 6. 10. 2000, excerpting certain portions from the file and issuing notice to the Chief Secretary, returnable on 16. 10. 2000. On the returnable date, i. e. on 16. 10. 2000, a request for time was made by learned Additional Advocate General Mr. Shelat (as he then was ). The Court, while granting the time, also issued notice to the Chairmen and Secretaries of the three Societies, Ahmedabad Urban Development Authority (AUDA, for brevity, hereinafter), Registrars of Co-Operative Societies, Gandhinagar and Ahmedabad and to certain IAS Officers.

( 3 ) ON behalf of the Government, Chief Secretary filed an affidavit dated 10. 11. 2000 and did not deny the authenticity of the excerpts in the order dated 6. 10. 2000 but the tenor of the affidavit indicated that what is conveyed to the Court through the xerox copy of the entire Government file is correct and the Government itself made certain efforts to unearth the scandal and inspite of repeated efforts even after once closing the file on a note prepared by the General Administration Deptt. (page 17), the file was re-opened, but the efforts could not fructify. Ultimately, the Chief Secretary in his affidavit stated that the Government "will abide by the orders that may be passed by this Honourable Court" and "all necessary files and record will be made available to the Honble Court for perusal". In the circumstances, the Court decided to proceed further with the matter. INTERLOCUTORY ORDER OF THE HIGH COURT ON 16. 11. 2000

( 4 ) THIS Court passed the following interim order on 16. 11. 2000:"in view of what is stated hereinabove, apart from the directions contained in the text of this order hereinabove, we would like to pass the following interim order at this stage. (1 ). Notice be issued to all the plot holders, to be served through the Secretary of the respondent No. 4 Society. (2 ). State is directed to place on record the relevant material pertaining to the plots allotted at Gandhinagar to the officers who are members of the Respondent No. 4 Society. (3 ). The buildings, which are constructed and are not in occupation, shall be sealed by AUDA with immediate effect. (4 ). So far as the buildings which are erected and are being used for residential purposes, the members of the Respondent No. 4 Society shall place before the court the nature of transfer of possession. If the property is given on rent or on lease or is transferred, the amount of rent shall be deposi



























































































































































































































































































































































































































































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