Heard Mr.Mihir H.Joshi, learned Senior Advocate with Mr.Satyam Y.Chhaya, learned advocate for the petitioner. It is submitted that the land in question was allotted to respondent No.6-Trust on 29.11.1929 by the then Ruler of the erstwhile Jamnagar State. Thereafter, on 16.02.1981, on promulgation, a Sanad was issued in respect of the land and respondent No.6-Trust became the absolute owner thereof. The land was freehold land with "A-Type" tenure as contemplated under the provisions of the Gujarat Land Revenue Code, 1879. It is further submitted that the land was mutated in the City Survey as City Survey No.297 and was allotted new Survey No.1386. The petitioner has purchased the land in question from respondent No.6-Trust, after issuance of Public Notice and sanction being accorded by the Charity Commissioner, under Section 36 of the Bombay Public Trusts Act, 1950. The City Survey Superintendent filed an appeal after 23 years before the Deputy Collector, in the year 2001-02, challenging the Entry dated 16.02.1981 indicating "A-Type" tenure of the land. Ultimately, vide order dated 20.01.2005, the Deputy Collector directed the tenure of the land in question be changed from "A-Type" to "H-Type", which would seriously prejudice the petitioner, who has put up construction on the said property, which has been sold by the petitioner.
Issue Notice returnable on 16.04.2012.
By way of ad-interim relief, it is directed that the implementation, execution and operation of the impugned order dated 22/26.12.2011, passed by the revisional authority, shall remain stayed till then.
(Smt.
Abhilasha Kumari, J.) (sunil) Top