Bombay tp act 1953,gujarat municipal act 1963,&occupancy
Querist :
Anonymous
(Querist) 19 September 2011
This query is : Resolved
we occupants were residing in survey no 537/1&2 since 50 yrs that land given by owner for trees n vegetables. .In 1976 TP scheme implemented and put the land under reservation and owner had been given another plots whereas no special notice ( Bombay TP act) had been given to occupants till date. TP officer finalized the scheme and vested the land to municipality as a final award to construct town centre. Till 1994 municipality dint try to vacant the land and started digging work for compound wall and civil suit 39/94 filed by occupants against municipal at una. and that court ordered that without due process of law occupants can not be removed .and on the basis of that decree, occupants through power of attorney holder, filed an application to gujarat govt.to remove the land from TP scheme and allot them as reasonable rate. Then the govt. ask for the documents from municipality via collector and asked for the any decision taken from municipality regarding the land. and president written latter to govt to sale the land in market rate and to use for the same purpose for which it was reserved in TP (town centre).collector heard the municipal chief officer and its lawyer and proposed to govt. to take appropriate decision and On jun 1996 govt.after scrutiny the docs and personal hearing municipal president, permitted to sale the land under gujarat municipal act 1963 sec.65/2.with two condition one is that occupants would have to purchase on market rate and other is they would use the land for the land for the purpose for which it was reserved in TP(town centre) and sale deed executed. then collector stayed the matter (as there was no municipal resolution and land sold throw away price -price didnt fixed by appropriate authority (but chief officer had taken bond from occupants to pay the price difference ) Against the stay of collector ,power of attorney holder filed revision application to govt. against the collector order and simultaneously SCA filed in high court as a public interest. and court didnt entertained the matter as the revision was pending before govt. and suit filed by municipality for cancel the sale deed was pending at veraval court .there after, revision was partially allowed by govt. in 2000 and ordered to re determine the market value by appropriate authority and canceled the stay by collector .then again case filed in high court and in oct 2010 high court rejected occupancy suit 39/94 (as land was under TP and only chief officer of municipality was respondent)and and canceled the govt. order (as TP land can not be sell under gujarat municipal act 1963 -sec 65/2.and govt has no right to order to municipal to sell the land.only variation can be done according to Bombay TP sec.71) there after supreme court didnt accept the case.on the basis of the order of high court and supreme , occupants had been removed from the land.
(I would like to say that High court didnt look after the documents that can prove the occupancy and according to one supreme court judgement..3 clear day notice (under Bombay TP act sec.21) is mandatory to interested persons. and they opined the non compliances thereof vitiates the validity of final scheme. Hence the TP scheme on that land i think still incomplete)
should v try again in supreme court .can v win the case.....???
which lawyers are best in supreme court for this case ?
Raj Kumar Makkad
(Expert) 20 September 2011
There seem no merit in your argument. 3 days notice is required wherein action is proposed to be taken and occupant may be given a chance to secure his possession by approaching appropriate authorities but in your case, a long litigation is already going on since last 50 years so there is no hope to get any other judgment as finally taken by Supreme Court. You may try for revision.
Querist :
Anonymous
(Querist) 20 September 2011
Mr makkad & Mr Prabhakar,Thanks for spending ur valuable time upon our matter.
Actually digging work for compound hall started in 1994.and till date no notice had been given to occupants.TP scheme has been finalized in 1977.In 2008 Th High court canceled civil suit (39/94) for occupancy as well as gujarat govt. order permitting to sale the land and sale deed also .there after case filed in supreme against high court order and they dint accept the matter.and municipality removed the occupants from the land in 2008/9.
Now 3 yrs have been passed and we would like to go in supreme again.should we waste our money ?B'coz we have no extra fund to invest
now.doesnt occupants entity for this land or any other land from govt./municipality ?
cant we make the TP scheme incomplete as no special notice had been served to occupants.occupants have the documents that can prove occupancy since more than 40 yrs.
Kindly guide what action to take ?
girish shringi
(Expert) 23 September 2011
You can go for revision.
However if it is possible for you you can send copy of the last order of the HC,at my mail,which you can find from my profile.
If any perfect guidance may work for you,it will be my pleasure,since I am in Gujarat.
