SCA/9192/1993 1/5 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 9192 of 1993 For Approval and Signature: HONOURABLE MR.JUSTICE M.R. SHAH ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= PEER BADE HAZARAT SAHIB DARGH & 1 - Petitioner(s) Versus STATE OF GUJARAT & 2 - Respondent(s) ========================================================= Appearance : MR BHARAT T RAO for Petitioner(s) : 1 - 2. MR M.R. MENGDEY AGP for Respondent(s) : 1 - 2. MR PJ VYAS for Respondent(s) : 3, ========================================================= CORAM : HONOURABLE MR.JUSTICE M.R. SHAH Date : 20/06/2008 ORAL JUDGMENT 1. By way of this petition under Article 226 of the Constitution of India, the petitioners – Shri Peer Bade- SCA/9192/1993 2/5 JUDGMENT Hazarat Sahib Dargah, a Charitable Trust through its trustee, has prayed for an appropriate writ, order and/or direction directing the State Government to grant the land admeasuring 3593 sq.mtrs. of land from Survey No.679 of Baroda Kasba, as the said land is being used as graveyard by the petitioner trust. 2. At the outset, it is required to be noted that though in para 10(c) of the prayer clause, the petitioners have prayed to quash and set aside the order passed by the Government granting land admeasuring 52.70 sq.mtrs from Survey No.679 to the respondent No.3, Mr.Rao, learned advocate appearing on behalf of the petitioners has declared before the Court that as out of 3593 sq.mtrs. of land only land admeasuring 52.70 sq.mtrs. of land out of Survey No.679 is allotted to the respondent No.3 for the purpose of housing purpose, and therefore, the petitioners do not press the prayer in terms or para 10(c) and restricts the present petition qua relief in terms of para 10(c). 3. It is the case on behalf of the petitioners that the petitioner No.1 is a registered Public Trust and the petitioner No.2 is trustee of the said Trust. It is the case of the petitioners that the land bearing Survey No.679 SCA/9192/1993 3/5 JUDGMENT admeasuring 3593 sq.mtrs. of land is acquired by the State Government as a surplus land under the provisions of the Urban Land Ceiling Act and the petitioners have requested to allot the said land to the petitioner trust under sec.23 of the ULC Act, as the said land is used by the petitioner trust as graveyard. It is the case on behalf of the petitioners that applications made by the petitioner trust dtd.11/7/1991 and 11/6/1992 are pending since long and in the meantime, the Government allotted land admeasuring 52.70 sq.mtrs. to the respondent No.3. It is submitted by Mr.Rao, learned advocate appearing on behalf of the petitioners that considering sec.23 of the ULC Act, the land which is acquired by the Government is surplus land under the ULC Act can be allotted to the religious trust and inspite of that neither any decision has been taken by the State Government on the applications submitted by the petitioners nor the aforesaid land is allotted to the petitioners. Therefore, it is requested to direct the respondent authorities to allot the aforesaid land to the petitioner trust under sec.23 of the ULC Act. 4. The petition is opposed by Mr.M.R. Mengdey, learned Assistant Government Pleader and it is submitted that as the land in question is acquired by the Government as SCA/9192/1993 4/5 JUDGMENT surplus land under the provisions of the ULC Act, the land can be disposed of for the purpose envisaged under sec.23 of the Act and only in accordance with sec.23 of the ULC Act. It is submitted that the Religious Trust does not come within the purview of sec.23 of the ULC Act. Under the circumstances, it is submitted that the prayer of the petitioners to allot the land in question under sec. 23 of the Act may not be granted. However, when a pointed out question is asked to the learned AGP that whether any decision has been taken by the State Government on the applications submitted by the petitioners, Mr.M.R. Mengdey, learned AGP has submitted that he has no instruction. 5. Heard the learned advocates appearing on behalf of the respective parties. 6. It is not in dispute that the land bearing Survey No.679 admeasuring 3593 sq.mtrs. situated at Baroda Kasba is surplus land under the ULC Act and therefore, the land is required to be disposed of considering sec.23 of the ULC Act. However, it is the case on behalf of the petitioner trust that the District Committee headed by the Collector, Baroda has recommended to allot the said land to the petitioner trust, as the land is used by the petitioner trust SCA/9192/1993 5/5 JUDGMENT for graveyard. However, it appears that on the application submitted by the petitioner trust dtd. 11/7/1991 and 11/6/1992 (Annexure-B collectively, to the petition) for allotment of the land, no decision has been taken. Under the circumstances, this petition is disposed of by directing the respondent Nos.1 and 2 to take appropriate decision on the applications submitted by the petitioners dtd. 11/7/1991 and 11/6/1992 (Annexure-B collectively, to this petition) in accordance with law and on merits within a period of six months from the date of receipt of writ of this order. 7. However, it is made clear that this Court has not expressed any opinion on merits and it will be open for the respondent Nos.1 and 2 to take appropriate decision in accordance with law and on merits. 8. With the aforesaid observations and directions, present petition stands disposed of. Registry to issue writ accordingly immediately. [M.R. SHAH, J.] rafik