The main legal point established in the judgment is that beneficiaries of illegal construction cannot be protected, and the law shelters everyone equally.

JUDGMENT :

1. Rule. Learned AGP waives service of notice of Rule on behalf of the respondent-State authorities.

2. Learned advocate Mr.Prajapati has tendered and referred to the written submissions, the same are also considered.

3. This is yet another case, which brings to the fore the sorry state of affairs of illegal and unauthorized construction.

BRIEF FACTS:

4. So far as the captioned writ petition Special Civil Application No.1005 of 2023 is concerned, the same is filed by Sabarkantha District Revenue Employees (Class-III) Association, HImmatnagar through its Building Committee Chairman, Shri Deveshbhai Ramanbhai Patel, who is, in fact, the petitioner No.8 in the captioned Special Civil Application No.858 of 2023. Though, it is mentioned that the aforesaid petition is filed by Sabarkantha District Revenue Employees (Class-III) Association, on the contrary, as recorded in the order dated 30.01.2023 of this Court, the said association has written to the Collector that they have not filed any petition being Special Civil Application No.1005 of 2023. The said communication was already ordered to be taken on record by the order dated 30.01.2023. Thus, there is apparent dispute with regard to filing of Special Civil Application No.1005 of 2023 by Sabarkantha District Revenue Employees (Class-III) Association (for short “the Association”).

5. The dispute, in both the writ petitions, hinges on the unauthorized construction made by Sabarkantha District Revenue Employees Association, which is/was headed by Shri Deveshbhai R Patel. The land in question, on which such illegal construction is made, was in fact granted by the State Government for constructing a Revenue House at Himmatnagar.

The petitioners of Special Civil Application No.858 of 2023 are the occupants of various shops and halls of the commercial complex by various rent agreements with the Association, which have been constructed on the land, allotted by the State Government for constructing the Revenue Office/Revenue House.

6. By the application dated 11.12.1995 the erstwhile or (the then Association), requested the State-Respondent no.1- Revenue Department for granting land for the purpose of constructing a Revenue Bhavan, Vide order dated 06.07.2000, an approval was granted and the land bearing Survey No.437 paiki, ad-measuring 1,000 sq. meters situated at Moje Himmatnagar, was allotted/granted to the Association for the purpose of constructing Revenue Bhavan at the market rate of Rs.2,145/- per sq. meters i.e. total amounting to Rs.21,45,000/- or the price fixed by the District Valuation Committee, whichever is higher as well as other amount.

7. The aforesaid land was allotted to the respondent No.5 – Association of Special Civil Application No.858 of 2023 as a new tenure land on certain terms and conditions and accordingly, the respondent no.5 in the year 2000, has paid an amount of Rs.30,50,000/- and hence, sanad dated 23.11.2000 was also issued to the respondent No.2 under the Gujarat Land Revenue Code, 1879 (for short “the Code”).

8. It is pertinent to note that one Shri Ramesh Harishchandra Choksi had filed a PIL before this Court, challenging the grant of land to the Association. The writ petition being Special Civil Application No.1528 of 2001 was dismissed as infructuous vide order dated 18.03.2002. It appears that since the order dated 14.02.2002 allotting the land, was withdrawn in view of the PIL filed by the said person, the Association filed Special Civil Application No.3768 of 2002, challenging the order dated 14.02.2002 passed by the State Government, the said writ petition was disposed of by the Division Bench vide order dated 18.11.2003 as withdrawn by reserving liberty in favour of the Association to make an application to the State Government within two weeks. It appears that thereafter by the order dated 07.05.2004, the State Government re-granted the l