(Per : HONOURABLE MR.JUSTICE P.B.MAJMUDAR)
1. By way of this LPA, the State Government has challenged the order dated 8.9.2010 passed by the learned Single Judge in Special Civil Application No. 7539/1995, whereby, the learned Single Judge allaowed the writ petition filed by the respondent no. 1 - Society by setting aside the order of the Collector. The respondent no. 1- society had filed Special Civil Application No. 7539/1995 challenging the order passed by the Collector, by which, the Collector has set aside the resolution passed by the Nagarpalika on 28.7.1979 allotting certain pieces of land in favour of the society. The respondent no. 1 -society had applied to the Nagarpalika, namely, Una Nagarpalika on 17.6.1979 for allotment of land bearing final plot no. 63 of the Town Planning Scheme No. 2 for the purpose of construction of houses by its members. The Nagarpalika passed the resolution in No. 40 on 28.7.1979 allotting the said land after determining the value of the land. The amount quantified by the Nagarpalika was also paid by the society. Subsequently, inspite of the fact that the said resolution of the Nagarpalika was complied with and acted upon long back, and in the year 1995, the Collector thought it fit to take the said resolution in revision in exercise of powers under Section 258 of the Gujarat Municipalities Act, and ultimately, set aside the said resolution. The learned Single Judge, in view of the aforesaid facts, allowed the writ petition filed by the society and set aside the order of the Collector. It is not in dispute that the Nagarpalika challenged the said order of the learned Single Judge by preferring Letters Patent Appeal No. 373/2011 and the Division Bench of this Court by order dated 1.8.2011 dismissed the said Letters Patent Appeal. The Division Bench of this Court observed that the resolution is already implemented and the same is taken in revision after a considerable long time, even though the same was fully implemented. The State Government has not thought it fit to file any appeal but the Nagarpalika who had earlier allotted the land way back in the year 1979 has thought fit to file such Appeal. On the aforesaid ground, the Letters Patent Appeal filed by the Nagarpalika has been dismissed by the Division Bench of this Court. After the said order of the Division Bench, State Government has filed this appeal which was beyond limitation and by separate order we have condoned the delay in filing this LPA.
2. Considering the factual aspect above, i.e. when the appeal of the Nagarpalika has already been dismissed by the Division Bench of this Court and the fact that the resolution of the Nagarpalika which was passed in the year 1979 was fully complied with long back and since the Collector had not initiated any proceedings within a reasonable time and as a suo motu revision is undertaken in the year 1995, the learned Singe Judge has rightly allowed the writ petition.
3. In view of the same as well as considering the reasonings of the Division Bench of this Court in LPA No. 373 of 2011, there is no substance in the appeal and the same is ordered to be dismissed accordingly.
4. In view of the above order, no order in Civil Application (Stamp) No. 209/2012 and Civil Application No. 5764/2012.
[P.B.
MAJMUDAR, J.] [PARESH UPADHYAY, J.] mandora/ Top