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Gurukrupa vs Collector

High Court Of Gujarat|17 July, 2012

JUDGMENT / ORDER

1. It transpires from the record that State of Gujarat in Revenue Department, after considering letters dated 21.02.2005, 17.06.2005, 14.06.2006 and 25.09.2008 written by the District Collector, Katchchh as well as resolution dated 08.08.2001, passed order dated 29.11.2008 whereby, the land bearing Survey No.173 (Paiki) admeasuring 929 sq.mts., which is leased in favour of the present petitioner for the purpose of establishment of petrol pump, was sanctioned. It is specifically mentioned in the said order dated 29.11.2008 that considering the fact that the petitioner is in possession of the land in question for 15 years, the land in question may be granted to the petitioner on a price of Rs.800/- per sq.mtrs. which is fixed by the District Valuation Committee in its meeting dated 25.09.2008. It has been observed in the said order that the total amount payable by the petitioner is Rs.7,43,200/- being 100% premium for conversion of land from new tenure land to old tenure land. In addition to this, other three conditions are also mentioned, more particularly, condition No.3 stipulates that the concerned person be informed by letter to deposit the aforesaid price (amount fixed) within 15 days and after the said price is paid, formal order for allotment be made by the District Collector. It is also mentioned therein that the aforesaid decision, communicated vide the order dated 29.11.2008, is in concurrence with the permission of the Finance Department dated 16.08.2005.
2. The main grievance of the petitioner is that the aforesaid order dated 29.11.2008 has not been communicated to the petitioner and because of which, the petitioner has not been able to pay the price, as fixed by the District Valuation Committee as per order dated 29.11.2008.
3. Ms.Asmita Patel, learned A.G.P., on written instructions received from the office of respondent No.1, states that no such letter was written to the petitioner informing about making payment of Rs.7,43,200/-.
4. It also transpires from the record that vide communication dated 15.07.2011, respondent No.1-Collector, Bhuj was requested by the petitioner to do the needful.
5. Mr.Dave, learned counsel appearing for the petitioner however, submitted that the petitioner is ready and willing to pay the aforesaid amount of Rs.7,43,200/- with interest at the rate of 9% over and above the payment which is required to be made towards the land along with interest at the rate of 12%, as provided in the aforesaid order dated 29.11.2008.
6. In view of the above, respondent Nos.1 and 2 are hereby directed to file their response to the above aspect latest by 06.08.2012. S.O. to 13.08.2012.
7. Copy of the order be made available to learned A.G.P. Ms.Asmita Patel for onward communication.
(R.M.CHHAYA, J.) Hitesh Top
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Title

Gurukrupa vs Collector

Court

High Court Of Gujarat

JudgmentDate
17 July, 2012