BALUBEN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This intra Court Appeal arises out of the order of the learned Single Judge dated 21.03.2017, dismissing the Special Civil Application No.1956 of 2003 filed by the Appellant - Baluben W/o. Somabhai Chhotabhai Shrimali. The learned Single Judge gave certain directions while remanding the case back to the Competent Authority to decide the Amount of Premium payable on the transfer of land in question in favour of the Appellant. The operative part of the order of the learned Single Judge is quoted below for ready reference:

(2.) The learned Counsel for the Appellant, Mr. Sharvil Majmudar submitted before us that while remanding the case back to the Competent Authority, the learned Single Judge ought not to have observed that the Premium could not be decided as per the rate prevailing in 2007 , because the same were decided in pursuance of the directions of the learned Single Judge in the Interim Order dated 25.04.2007 in Civil Application No.5671 of 2007 and the order dated 30.10.2012 in Civil Application No.11881 of 2011, although they were decided in 2013. These orders are quoted in Para 6 of the impugned order of the learned Single Judge.

(3.) Mr. Sharvil Majmudar, learned counsel submitted that though, the time period of only Three Months was given to the said Competent Authority to decide the Quantum of Premium, the same was decided much thereafter on 21.02.2013 determining the amount of premium at Rs.8 Crores and Odd, which the Appellant -Petitioner did not pay. Even though Para-3 of the order in Civil Application No.5671 of 2007, quoted in Para 6 by the learned Single Judge, clearly stipulated that the Appellant - Petitioner shall pay the amount of Premium / Conversion Charges that may be determined by the concerned Authority in pursuance of the order dated 25.04.2007, but the Appellant - Petitioner challenged the said Determination Order dated 21.02.2013 by amending the Writ Petition which was finally disposed of with the aforequoted directions by the learned Single Judge.