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HC-NIC                                 Page 2 of 10      Created On Fri Oct 30 00:37:53 IST 2015
                  C/LPA/1246/2014                                            JUDGMENT

3. Sometime in the year 1971, the land owner again approached the Collector for a revised development plan to be passed. This was on the premise that, according to GDCR, only 5% of the land had to be set apart for common plot. According to the land owner, area of 3691 sq. yds. of the common plot was in excess of such minimum requirement. An application was, therefore, filed to plot out 3220 sq. yds. of this common plot into individual residential plots and to permit the land owner to sell the same as was done in case of other plots. Collector, Bhavnagar on 08.12.1971 granted such permission and allowed the land owner to sell additional 3220 sq. yds. of the land out of 8619 sq. yds of common plot.

6. On the other hand, learned counsel Mr.A.J.Patel submitted that Collector exercised his power after gross delay. The GDCR required setting apart 5% of the total area towards common plot. Even after discarding the area of 3220 sq. yds., the remaining common plot would satisfy such requirement. Learned single Judge, therefore, did not commit any error.

7. The short question before us is, whether, after the original land owner sold individual plots from out of large plot area which was bifurcated as per non-agricultural permission granted by the Collector, did he retain any title over the common land ? In other words, the question is, once when a large plot is sub-divided into smaller residential plots on the basis of non-agricultural permission granted by the Collector which envisages common roads and common plot, would the erstwhile owner have any right, title or interest remaining on the common plot land ?

8. This question is to be answered in the background of the various sale deeds executed by the owner with the land purchasers. As noted, a copy of one such sale deed is produced at Annexure R-1 in which the purchaser under sale deed dated 27.11.1961 was sold a HC-NIC Page 5 of 10 Created On Fri Oct 30 00:37:53 IST 2015 C/LPA/1246/2014 JUDGMENT residential plot admeasuring 816 sq. yds for a sale consideration calculated at Rs.6/- per sq. yd which comes to Rs.4896/-. The sale was subject to certain conditions. The relevant conditions were that, before carrying out any construction over the plot in question, the owner would obtain necessary permission from the Municipality and would carry out development subject to the conditions imposed by the Collector in his order dated 29.11.1960 for non-agricultural use. The sale deed also provided that around the plot under sale, there are common roads which would be for use of the plot owner and his successor-in-title. Condition No.7 provided that revenue for non- agricultural use would have to be paid by the purchaser for the land in question as also for the proportionate area of the common roads and the common plot falling within his share. It was specified that the plot in question admeasures 816 sq. yds and the additional area of 321 sq yds falling within the share of the purchaser out of the common roads and the common plot would make the total of 1137 sq yds. The purchaser would pay yearly revenue of Rs.23.69 falling in his share of the total land. This the purchaser is liable to pay to the government. If there is any change in the revenue in future, the seller would not be responsible for the same. Condition No.9 of the sale deed further provided that maintenance of the common roads and the common plot would be made by the individual plot owners jointly. If in future there is any need for laying down drainage or electricity lines through the common plot, the plot owners would not object to the same. The expenditure for such purpose would be borne jointly by HC-NIC Page 6 of 10 Created On Fri Oct 30 00:37:53 IST 2015 C/LPA/1246/2014 JUDGMENT them.

10. Once the plots were thus sold, each plot purchaser became the actual owner in possession of the area of the land sold to him and also would jointly own and possess his share of the common roads and the common plot. Under no circumstance, the land owner who plotted out his land and sold individual parcels of such land to individual purchasers can claim to retain his right, title or interest over the common plot. Any such conclusion which would be plainly HC-NIC Page 7 of 10 Created On Fri Oct 30 00:37:53 IST 2015 C/LPA/1246/2014 JUDGMENT opposed to the sale deed noted above, also would lead to a highly anomalous situation. The concept of retention, possession and ownership would not be confined only to common plot but also to common roads. If the plot owners either shrink the width of the road or simply sell away the entire common plot, there will be little that the plot purchasers generally could object to. This was not the intention emerging from the sale deeds executed by the original land owner in favour of individual purchasers nor flows from the non- agricultural use permission granted by the Collector pursuant to which the land was sub-divided into small residential plots.