( 1 ) IN this petition under Article 226 of the Constitution of India the petitioner one of the allottees of Akshay Apartment situate at Ward No. 2, Gandhidham, whose flat has been collapsed in Earthquake occurred on 26th January 2001 and there was complete destruction of the petitioners flat, has challenged the legality and validity of the order passed by the Deputy Collector (Earthquake), Gandhidham, dated 30th May 2002 by which the Deputy Collector (Earthquake), Gandhidham has rejected the application of the petitioner for getting necessary compensation due to collapse or destruction of his flat in Akshay Apartment.

( 2 ) MS. PP Laheri, learned advocate appearing on behalf of the petitioner has submitted that the petitioner had produced all the necessary documents to prove his ownership and/or possession of the flat in question as on 26. 1. 2001 and/or prior thereto and inspite of that the Deputy Collector has rejected the application of the petitioner for compensation mainly on the grounds that ; (1) The petitioner has not produced any evidence with regard to occupation of the flat in question; (2) It is not established that the petitioner was the legal owner/in p