KHERANI SADRUDDIN PYARALI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE . Ms. Asmita Patel, learned Assistant Government Pleader, wavies service of notice of Rule on behalf of respondents.

(2.) THIS petition under Articles 226 and 227 of the Constitution of India has been preferred, inter-alia, with a prayer to quash and set aside the order dated 03.10.2011, passed by respondent No.2- Collector, Bhavnagar, whereby the Collector has fixed the premium for the land in question at Rs.2,94,71,280/- plus Rs.84,300/-.

(3.) IT is submitted by Mr. S.P. Majmudar, learned advocate for the petitioner that the amount of premium has been arrived at by respondent No.2, without granting an opportunity of hearing to the petitioner. The District Valuation Committee has not come to any definite conclusion regarding the market value of the land, in spite of which the Collector has proceeded to fix the same, on his own. Learned advocate for the petitioner has submitted that to deprive the petitioner of an opportunity of hearing before passing the impugned order, is in violation of the principles of natural justice, as held by this Court in the case of Bharatbhai Kantilal Jethva V/s. State of Gujarat and Ors. reported in 2006(2) GLH 303, therefore the impugned order be quashed and set aside and the matter be remanded.