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Showing contexts for: common plot in Manjibhai Muljibhai Parmar vs State Of Gujarat on 19 September, 2019Matching Fragments
Thus the controversy in the present petition is in very narrow compass. The question which is to be decided by this Court is as to whether the petitioners and other applicants are required to submit layout plan or not. If the Government Resolution dated 20.04.2001, by which the policy is framed by the respondent - State for allotment of the land to the persons with disabilities without holding an auction at concessional rate, is carefully examined, it is revealed that any individual can submit an application for the allotment of the Government waste land. There is no requirement of giving an application by group of persons. There is no mention about the layout plan to be submitted to the respondent authorities in the said Resolution. During the course of hearing, learned AGP has placed reliance upon the Government Resolution dated 06.06.2003, copy of which is produced on record at Page No.394 of the compilation. In the said Resolution also, Clause - 5 provides for the allotment of the land without holding an auction at concessional rate to the persons with disabilities for certain purposes and in Clause - 5 of Government Resolution dated 06.06.2003, entire Government Resolution dated 20.04.2001 is reproduced. Clauses - 6 & 7 provide for allotment of the land to a particular class of person. Learned AGP has only placed reliance upon Clause - 8 of the said Government Resolution dated 06.06.2003. It is stated in the said clause that 100 sq.mtrs. of land is to be allotted to each of the members of the Cooperative Housing Society and the provision of common plot, road, margin etc. is required to be made at the time of plotting. After relying upon the aforesaid clause, it was contended by learned AGP that in the present case also, the petitioners are required to follow the said provision contained in Clause - 8 of Government Resolution dated 06.06.2003.
13. In view of the above facts, this Court is of the view that the reliance placed by learned AGP upon the Government Resolution dated 06.06.2003 is totally misconceived as the Clause - 8 of the Government Resolution dated 06.06.2003 would be applicable to the Cooperative Housing Society when the Society requests for allotment of the plot for residential purposes. At the time of plotting and giving plot to the members of the said Society, they have to make the provision for common plot, road, margin etc. In the present case, no Cooperative Housing Society is framed by the present petitioners and other applicants. Further there is no such requirement of forming of Cooperative Housing Society under the scheme of Government Resolution dated 20.04.2001 issued by the respondent - State. Thus when there is no such requirement of forming of Cooperative Housing Society and for making provision for common plot, road, margin etc., insistence by the respondent - State to submit layout plan is misconceived. Thus this Court is of the view that insistence on the part of the respondent authority to submit layout plan relying upon Clause - 8 of Government Resolution dated 06.06.2003 is not as per the policy framed by the respondent - State as per Government Resolution dated 20.04.2001.