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VAIBHAVI D. NANAVATI
Veerat Ashokbhai Buddha - 9th Addl. Senior Civil Judge – Appellant
Versus
State of Gujarat Thro Secretary – Respondent
JUDGMENT :
Vaibhavi D. Nanavati, J.
1. Issue Rule, returnable forthwith. Ms. Pooja Ashar, learned A.G.P. waives service of Rule for the respondents.
2. Heard Mr. Sahil Shah, learned advocate for the petitioner and Ms. Pooja Ashar, learned A.G.P. for the respondents.
3. Briefly stated, the petitioner herein is a government servant and was holding the post of Senior Civil Judge at Gandhinagar and his native is District: Rajkot.
3.1. The respondent authority issued a circular dated 06.06.2003 bearing No.JMN/392003/454/A providing for allotment of the lands to the government employees as per their status, pay-scales etc. The petitioner applied for the same in accordance with the said policy,.
3.2. The respondent no.2 in connection with the Government Revenue Department Circular dated 28.07.2006, on 20.01.2009, declared and identified the lands which were vacant and available for the distribution to the government servants. The said order is duly produced at Annexure-B, which provides that the land bearing survey no.123 of mouje Nana Mava was available for distribution to the employees. Similar land situated at Raiya and Mota Mava was also available. The petitioner herein claimed land bearing
Government authorities must comply with established eligibility criteria for land allotment to ensure fair treatment of applicants.
The court emphasized the distinction between 'transferable' and 'non-transferable' posts and highlighted the principle of legitimate expectations in fair decision-making.
The court affirmed the principle that a prior court order remains enforceable, mandating government compliance in land allotment cases despite subsequent policy changes.
The main legal point established in the judgment is that an agreement for appointment on landownership basis must comply with government policies on land acquisition and appointment to Grade-IV posts....
Applicability of Prevention of Corruption Act was not restricted to local authorities but referred to any public body having public or statutory duties to perform and which earned on activities of pu....
Public land allotment requires transparency and adherence to established procedures, including the necessity of public notice to ensure equity and prevent favoritism among applicants.
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