LAWS(GJH)-2013-10-65

JIVANBHAI SOMABHAI PATEL Vs. STATE OF GUJARAT

Decided On October 04, 2013
Jivanbhai Somabhai Patel Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) RULE . Learned AGP Mr. N.J.Shah waives service of notice of Rule on behalf of the respondent.

(2.) WE have heard Mr. S.A.Qureshi, learned counsel for the petitioners and Mr. Shah, learned AGP appearing for the respondent.

(3.) LEARNED counsel for the petitioners has urged that other persons have been regranted the land and survey no. 751 to 755 was ordered to be given to the agriculturist in the year 1991 by the Government. Initially, it was decided by the Government to regrant the land of the petitioners but subsequently this view was changed by the Government as the land was acquired by the Gujarat Housing Board for the construction of affordable housing scheme. Though earlier the Housing Board has passed resolution on 31/5/1991 that there is no requirement of houses and therefore, they do not acquire the land as communicated by the Housing Board on 17/5/1991 to the Urban Land and Urban Development Department but the subsequently in the year 2010, the Housing Board wrote a letter on 16/3/2010 annexureK to the writ petition that they acquired land for the construction of affordable houses, therefore, the land cannot be regranted to the petitioner.