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Judgment
A.J. Desai, J
Heard Mr. R.S. Sanjanwala, learned Senior Advocate assisted by Mr. Digant Popat, learned advocate appearing for the petitioners and Mr. K.M. Antani, learned AGP appearing for the respondents.
By order dated 24.07.2019, the present petition has been admitted. Interim order in respect of Final Plot Nos. 120 and 121 was also passed. However, for Final Plot No. 122, interim order was not passed in view of pendency of Special Civil Application No. 12386/2019 filed by Natvarlal Shankarlal Patel & Ors. The petitioners of the said petition are also applicants of Civil Application No. 1/2019 filed in the present petition. The said petition has been disposed of by order dated 06.08.2019. Hence, the interim relief granted on 24.07.2019 in respect of Final Plot Nos. 120 and 121 is also required to be granted in respect of Final Plot No. 122 for the same reasons as are recorded in the order dated 24.07.2019. Paras 11 and 12 of the said order are reproduced hereunder:
"11. I have heard learned advocates appearing for the respective parties. I have gone through the order dated 06.02.2017 passed in this petition by the Coordinate Bench of this Court. The Coordinate Bench of this Court, while passing the order, has observed in the last paragraph, as under:
"No affidavit-in-reply has been filed by the State Government contesting the present petition. In order to maintain uniformity of orders and consistency of approach and adjudication regarding the similar issues in respect of adjoining lands, this Court considers it appropriate to call upon respondent No. 2 to decide the amount of premium that the petitioners are required to pay so that similar permission can be granted to them as well. The needful be done on, or before, the next date of hearing. Learned Assistant Government Pleader may take instructions and apprise the Court on, or before, the next date of hearing.
List on 01.03.2017."
Present petition is with regard to Final Plot Nos. 120, 121 and 122 and when some of the persons, who are claiming their rights as members of the above-referred society qua final plot No. 122, have no objection for final plot Nos. 120 & 121 and considering the fact that the Division Bench of this Court, while allowing Letters Patent Appeal No. 421 of 2015 arising from Special Civil Application No. 11029 of 2014, has directed the District Collector, Surat and considered the case of the petitioners for Final Plot No. 97 of the same village and accordingly, an amount was paid and permission is granted by order dated 03.02.2016, I am of the opinion that following order would meet ends of justice:
[i] The District Collector, Surat is hereby directed to reconsider the application of the petitioners for conversion of land bearing Final Plot Nos. 120 and 121 since the petitioners are ready and willing to pay the amount of premium. The petitioners are directed to deposit with the respondent authority an amount of Rs. 8,64,57,854/-(Rupees eight crore sixty four lacs fifty seven thousand eight hundred and fifty four only) for Final Plot No. 120 and an amount of Rs. 7,80,29,226.80/- (Rupees seven crore eighty lacs twenty nine thousand two hundred and twenty six and eighty paisa only) for Final Plot No. 121.
[ii] The District Collector, Surat shall consider the application of the petitioners for conversion of land as early as possible preferably within a period of four weeks from the date of receipt of the order.
[iii] The District Collector, Surat shall keep in mind that the complainant of FIR being C.R. No. I-62 of 2018 registered with Salabatpura Police Station for the offences punishable under Sections 406, 420, 467, 468, 471, 120(B), 34 and 114 etc. of the IPC is not concerned with the Final Plot Nos. 120 and 121.
[iv] The District Collector, Surat shall also consider the order 28.04.2019 passed by the Division Bench of this Court as well as order dated 03.02.2016 passed by the District Collector, Surat, while converting the land for Final Plot No. 97."
The present petition is with regard to Final Plot Nos. 120, 121 and 122 andlwhen for Final Plot Nos. 120 and 121, the above directions have been issued and when the petitioner of Special Civil Application No. 12386/2019 have withdrawn the petition and considering the the fact that the Division Bench of this Court, while allowing Letters Patent Appeal No. 421 of 2015 arising from Special Civil Application No. 11029 of 2014, has directed the District Collector, Surat and considered the case of the petitioners for Final Plot No. 97 of the same village and accordingly, an amount was paid and permission is granted by order dated 03.02.2016, I am of the opinion that following order would meet ends of justice:
[i] The District Collector, Surat is hereby directed to reconsider the application of the petitioners for conversion of land bearing Final Plot No. 122 since the petitioners are ready and willing to pay the amount of premium. The petitioners are directed to deposit with the respondent authority an amount of Rs. 9,28,24,389/- (Rupees Nine Crore Twenty-eight Lakh Twenty-four Thousand Three Hundred and Eighty-nine Only) towards premium and Rs. 5,68,803/- (Rupees Five Lakh Sixty-eight Thousand Eight Hundred and Three Only) towards conversion tax, penalty and assessment.
[ii] The District Collector, Surat shall consider the application of the petitioners for conversion of land as early as possible preferably within a period of four weeks from the date of receipt of the order.
[iii] The District Collector, Surat shall also consider the order 28.04.2019 passed by the Division Bench of this Court as well as order dated 03.02.2016 passed by the District Collector, Surat, while converting the land for Final Plot No 97."
Direct service is permitted. Stand over to 22.11.2019.