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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J.C.DOSHI
Nagar Seva Sadan Mangrol – Appellant
Versus
Motivarash Premjibhai Damabhai – Respondent
JUDGMENT :
J.C. DOSHI, J.
1. By an oral order dated 11.07.2022, the present Second Appeal, preferred by Nagar Seva Sadan, Mangrol, through its Chief Officer, came to be admitted on the following substantial questions of law, which are reproduced hereunder for the sake of clarity:-
“1. Whether the judgment and decree passed by the First appellate court in Regular Civil Appeal No.29 of 2018 upholding the judgment and decree passed in the Regular Civil Suit No.02 of 2010 is in accordance with the settled principles of law and evidence on the record?
2. Whether the resolution of local authority to enter into agreement can be equated with concluded contract/agreement and if no whether Honorable Courts below have erred by not rightfully appreciating and interpreting the documentary evidences (resolution of municipality) that are placed on record by the plaintiff-respondent herein?
3. Whether the Honorable Courts below have committed error in not holding the suit of plaintiff barred by limitation? 4. Whether the Honorable Courts below can direct enforcement of specific performance though no valid agreement/contract is executed between the parties?
5. Whether the courts below has right. Authorit
The authority to alienate municipal land must comply with statutory provisions; resolutions made in violation of such authority are legally unenforceable. The suit was time-barred, highlighting signi....
Point of Law : vice that attaches to an order passed in contravention of the Rules of natural justice cannot be cured ex post facto by affording to the person affected thereby an opportunity to repre....
The allotment of land and delivery of possession in favor of the petitioner is a Government Grant within the meaning of the Government Grants Act, 1895. The State is not entitled to resume the land a....
The main legal point established in the judgment is that the resolution of the Municipal Corporation to allot the land was illegal and without authority of law, leading to the cancellation of the lea....
The court ruled that equal treatment under Article 14 necessitates the Government to sell contested land to the appellant, recognizing longstanding claims and equity principles.
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