(Per : HONOURABLE MR.JUSTICE V. M. SAHAI) Learned AGP Ms.Jirga Jhaveri prays for and is allowed three weeks' time to file affidavit-in-reply. In the reply it shall be clearly stated that after 30 years why the appellant society cannot be permitted to transfer the land, and why the land of the appellant on which construction was existing for about 30 years can be treated to be old tenure land and not new tenure land. Further since 1978 the land was purchased by the society by paying the market price and therefore absolute right is vested in the appellant. Therefore the Collector, prima facie, was not right to ask the appellant to deposit the present market value for passing a formal order of converting the land from new tenure land to old tenure land. The learned AGP shall also annexed the relevant documents in support of the contention taken in the affidavit. It shall also be explained in the reply as to why para 10 of the Division Bench decision in the case of Kanaiyalal Dhansukhlal Sopariwala Vs. State of Gujarat and another reported in 2009(1) GLH 185 is not applicable to the facts of the present case.
List on 24th April, 2012.
(V.M.
SAHAI, J.) (A.J.DESAI, J.) syed/ Top