Dr. AR. LAKSHMANAN, J. - (1.) This Court, on 15.10.2004, by a detailed judgment and order passed in Civil Appeal No. 6798 and 6799 of 2004 issued, inter alia, the following directions:"73. In the result, we allow the appeals in part and direct the Collector, Bhavnagar to grant non-agricultural permission in respect of the land of about 76 acres 36 guntas comprised in Survey No. 469/1, Bhavnagar District after collecting the non-agricultural tax calculated at the rate of 5% per sq. m. applicable at the time when the application was made by the applicant i.e. 24.2.2003 which aggregate to Rs. 15,57,540. Dispute, if any, with regard to the tax calculated and the rate has to be agitated separately and collected later. The Commissioner of Bhavnagar Municipal Corporation is directed to consider the application for sanction within four weeks, the layout and building plans as per the current development control rules and pass order in accordance with law. 74. We also direct Respondents 1 and 2 to collect non-agricultural permission charges and conversion charges for the lands bearing Survey Nos. 470/1, 471/2, 471/3 and 472 situated at Village Vadva, Bhavnagar as prevalent in the year 1981."
(2.) The petitioners sent a representation to the Government along with a copy of the aforementioned judgment with a request to comply with the directions contained in the judgment. The petitioners, thereafter sent several reminders to the respondents to comply with the said judgment.
(3.) Notification was issued by the State Government wherein the lands of RS Nos. 471/2 and 472 were notified as a water body in purported compliance with the High Courts order dated 02.08.2002. By the said order, the High Court had directed the State Government to notify the water bodies in the territory of the State that vest in the State and/or the Area Development Authorities or the Local Bodies including the Panchayat in the Official Gazette within 3 months from the date of this order and not a private land.;