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2014 Supreme(Guj) 265

BHASKAR BHATTACHARYA, J.B.PARDIWALA
BHANUBHAI NAGABAI ODEDARA – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared:
MR YATIN OZA, SR. COUNSEL with MR. APURVA KAPADIA, & VIVEK N MAPARA, ADVOCATES for the Applicant(s) No. 1
MR PK JANI, GOVERNMENT PLEADER with MR VANDAN K BAXI, AGP for the Opponent(s) No. 1
MR MIHIR JOSHI, SR. COUNSEL with MR SALIL M THAKORE, ADVOCATE for the Opponent(s) No. 2 -3

JUDGMENT

J.B. PARDIWALA

1. These Public Interest Litigations were taken up together and are being disposed of by this common judgment as the subject matters involved are almost similar.

2. By this writ application in the nature of a Public Interest Litigation, the petitioner seeks to challenge the allotment of land admeasuring 3,76,581 sq. mtrs. situated at Mouje Koba, Ta: Gandhinagar bearing Survey No.237, 238, 242 and 270 of the Town Planning Scheme bearing Final Plot Nos.4, 5, 6, 7, 8, 9 and 10 in favour of the respondent no.4 M/s.K. Raheja Corporation Ltd., for the purpose of development of I.T.Park @ Rs.470/-per sq.mtr.

3. According to the petitioner, such decision of the State Government is against the public interest. According to the petitioner, the natural resources belong to the people but the State legally owns them on behalf of its people and from that point of view, the natural resources are considered as national assets more so because the State benefits immensely from their value. It is alleged that in allotting huge parcels of land in favour of the respondent no.4 on a mere application filed by it, the Government has failed to act in consonance with the principles of






































































































































































































































































































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