Gujarat High Court
Satkarma Cooperative Housing Society ... vs Secretary-Appeals R.D & on 16 September, 2013
Author: Anant S.Dave
Bench: Anant S. Dave
SATKARMA COOPERATIVE HOUSING SOCIETY LTD....Petitioner(s)V/SSECRETARY-APPEALS R.D C/SCA/14266/2013 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION NO. 14266 of 2013 ================================================================ SATKARMA COOPERATIVE HOUSING SOCIETY LTD....Petitioner Versus SECRETARY-APPEALS R.D & 7....Respondents ================================================================ Appearance: MR MIHIR JOSHI, SENIOR ADVOCATE WITH MR.SHITAL R PATEL, ADVOCATE for the Petitioner(s) No. 1 GOVERNMENT PLEADER for the Respondent(s) No. 1 MR SN SHELAT, SENIOR ADVOCATE WITH MR.KK TRIVEDI, ADVOCATE for the Respondent(s) No. 2 ================================================================ CORAM: HONOURABLE MR.JUSTICE ANANT S. DAVE Date : 16/09/2013 ORAL ORDER
1. This petition under Article 226 and 227 of the Constitution of India read with provisions of the Bombay Land Revenue Code, 1879 and provisions of the Bombay Tenancy and Agricultural Lands Act, 1948 challenges the order dated 16.08.2013 passed by the Revisional Authority viz., Secretary (Appeals), Department of Revenue, State of Gujarat, Ahmedabad, by which, revision application filed by revisionist, respondent no.2 herein, came to be partly allowed and order dated 31.07.2007 passed by the District Development Officer, Surat came to be quashed and set aside.
2.1 It is the case of the petitioner that land bearing Survey No.3/2/2 i.e. Block No.18, admeasuring around 8094 square meters of Mouje Saroli originally belonged to one Chhanabhai Naranbhai and the petitioner purchased the land in question as it was in a residential zone and was governed by Town Planning Act. That aforesaid land is no doubt included in Town Planning Scheme No.35 of Surat and the said draft Town Planning Scheme was sanctioned by the State of Gujarat on 27.08.2012. The petitioner Society was alloted Final Plot No.299.
However, it is not in dispute that at initial stage, the land in question was governed by the provisions of Section 73AA of the Bombay Land Revenue Code and was of restricted tenure land. That owner, therefore, applied for transfer of the land in favour of the Society through power of attorney holder Babubhai Dhanjibhai Chodavadia. After determination of valuation by the State Valuation Committee, premium was fixed for N.A. Residential Use on 17.09.2005 and restriction imposed came to be removed. The District Collector, Surat granted permission to the said owner on 19.12.2005 and conversion charges from new tenure to old tenure for NA residential purpose was paid. That registered sale deed came to be executed by original owner Chhanabhai Naranbhai through power of attorney in favour of the Society on 23.06.2006 and in the meantime, NA permission was applied under Section 65 of the Bombay Land Revenue Code by power of power of attorney holder of original owner Chhanabhai Naranbhai and finally, District Development Officer, Surat, vide order dated 31.07.2007, passed an order under Section 65 of the Bombay Land Revenue Code.
That original owner Chhanabhai Naranbhai died on 25.09.2006 and therefore, from the said date onwards, power of attorney ceased to exist and inspite of the above, from the above date, proceedings continued as if power of attorney was legal and valid. However, legal heirs of the original owner reconfirmed application and statement came to be recorded about their adherence to sale of land to the petitioner Society and proceedings undertaken by them.
3. At this stage of the order, learned senior counsel for the petitioner would like to submit certain amendment and the record, which was not available earlier and accordingly, the matter is adjourned on tomorrow. i.e. 17.09.2013.
The draft amend is granted. The same is to be carried out accordingly.
(ANANT S.DAVE, J.) mhdave Page 3 of 3