Gujarat High Court
Jadhavbhai vs State on 19 April, 2012
Author: Abhilasha Kumari
Bench: Abhilasha Kumari
SCA/5041/2012 3/ 3 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 5041 of 2012 ========================================================= JADHAVBHAI RAVJIBHAI DALWADI & 6 - Petitioner(s) Versus STATE OF GUJARAT & 2 - Respondent(s) ========================================================= Appearance : MS MEGHA JANI for Petitioner(s) : 1 - 7. GOVERNMENT PLEADER for Respondent(s) : 1, None for Respondent(s) : 2 - 3. ========================================================= CORAM : HON'BLE SMT. JUSTICE ABHILASHA KUMARI Date : 19/04/2012 ORAL ORDER
Heard Ms.Megha Jani, learned advocate for the petitioners. It is submitted by her that the petitioners have purchased plot Nos.13, 19 and 20 by registered Sale Deeds dated 16.09.1985, 19.06.1978 and 23.06.1978, respectively, from the heirs of one Vallabhdas Vrajlal Shah. The land has been partitioned amongst the land-holders and plots admeasuring approximately 200 and odd sq.mtrs. have been made, whereupon the petitioners have built their residential premises. It is further submitted that before the petitioners purchased the land in question, these plots were marked as a common plot in the layout plan prepared by the Assistant Collector, Palitana. The original owner of the land, finding that there were Khambhis (relics for dead persons) on Plot Nos.19 and 20, had submitted revised plans that were recommended to be sanctioned by the Deputy Town Planner, Junagadh. In the revised plan, the common plot had been shifted to original Plot Nos.19 and 20, whereas the original sanctioned plots were marked as Plot Nos.13, 19 and 20, upon which the petitioners are residing. It is further submitted that the revised plans were not sanctioned by the Competent Authority. The notices were issued for the first time to the petitioners in the year 2005 and proceedings were initiated against them, that have culminated in the impugned order dated 31.01.2006 being passed by the Collector, whereby directions have been issued to remove the constructions of the petitioners and take over the possession of the land. This order has been confirmed by the Additional Secretary (Appeals) vide his order dated 12.12.2011 (16.12.2011). It is further contended by the learned advocate for the petitioners that the petitioners are bonafide purchasers, who have invested their life-savings in the plots upon which they have constructed their residents and are residing with their families for several years. That the Botad Nagarpalika has also issued a Certificate that the constructions put-up by the petitioners are as per the sanctioned plans and the Nagarpalika has no objection if the revised plan is sanctioned. It is further submitted that the original plot Nos.19 and 20 are still open, therefore, the common plot can be shifted to that place, as proposed in the sanctioned plans. It is contended that the 'Khambhis' on the said plots are not graves, as has been misunderstood by the Revenue Authorities below, but are relics in the memory of dead persons. That there is no impediment in the way of the authorities to sanction the revised plan. In any case, action has been initiated after a gross delay of 20 years, which is against the principles of law laid down by this Court in several judgments, one of which is as below :
(i) Vaghri Jivandas Manji and others Vs. State of Gujarat and others reported in (2008) 3 GLH 655.
Issue Notice returnable on 13.06.2012.
Status-quo, as it exists today, qua the residential premises of the petitioners, shall be maintained till then.
(Smt. Abhilasha Kumari, J.) Gaurav+