Document Fragment View
Fragment Information
Showing contexts for: common plot in Shree Hari Cooperative Housing Society ... vs State Of Gujarat on 29 November, 2021Matching Fragments
Heard learned advocate Mr.Rashesh Rindani assisted by learned advocate Mr.Shirish H. Gohil for the petitioner, learned Assistant Government Pleader Mr.Kurven Desai for the respondent No.1 and learned advocate Mr.Asit B. Joshi for the respondent Nos.6 to 10.
1. By this petition under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs :
"(A) YOUR LORDSHIPS may be pleased to admit and allow this petition.
(B) YOUR LORDSHIPS may be pleased to hold and declare that land admeasuring 4047.83 square meters of survey no 162 situated atMoje Movdi, Tal & District : Rajkot is a common plot of the petitioner society.
(C) YOUR LORDSHIPS may be pleased to hold and declared that the action of respondents in selling the common plot admeasuring 4047.83 square meters of survey no 162 situated atMoje Movdi, Tal & District : Rajkot is C/SCA/23299/2019 ORDER DATED: 29/11/2021 illegal, unconstitutional and thus null and void in the eyes of law.
(E) YOUR LORDSHIPS may be pleased to direct the revenue authorities in mutating any entry with regard to any sale transaction for land admeasuring 4047.83 square meters of survey no 162 situated at Moje Movdi, Tal & District :
4.4. It was submitted that after entering into agreement for sale between the petitioner Society C/SCA/23299/2019 ORDER DATED: 29/11/2021 and late Kanjibhai Meghajibhai Patel as owners and his brother Govind Meghajibhai Patel, Hansraj Meghajibhai Patel and mother Gangaben Meghajibhai Patel signed as confirming parties and thereafter, the original owner requested the authorities to approve the lay out plan which was duly sanctioned in the year 1980 and as per the lay out plan, so prepared, the land was divided into 190 residential plots whereby the net plot area was 32602.87 square meters and the common area was 4493.85 square meters. It was pointed out that thereafter, late Kanjibhai Meghajibhai Patel also executed a power of attorney along with his brother and mother in March, 1981 for necessary permission to be obtained under the provisions of the ULC Act.
4.5. Reference was also made to the various litigations which were initiated under the provisions of the ULC Act which ultimately culminated into abatement of such proceedings in view of the repeal of the ULC Act as the matter remain pending before the authority.
4.5. Learned advocate Mr.Rindani submitted that after abatement of the proceedings under the ULC Act, the respondent No.11 who had already sold the land to the petitioner Society started interfering with the land earmarked as common plot. A Civil Suit was also filed by late Kanjibhai Megajibhai Patel being Civil Suit C/SCA/23299/2019 ORDER DATED: 29/11/2021 No.1401 of 2000 before the Civil Judge (Senior Division) with a prayer to restrain the petitioner from utilizing the open parcel of land for any other purpose other than mentioned in the lay out plan. The common plot was again sold to the respondent No.5 in the year 2006 behind the back of the petitioner and, revenue entry was also passed and revenue proceedings are going on with the Revenue Authorities. It was also submitted that thereafter, respondent No.5 sold the common plot to respondent Nos.6 to 10 in the year 2009.