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Judgment
A.Y. Kogje, J
Mr.Mehul Shah, learned Senior Advocate for the petitioners submits that the issue pertains to the grant of N.A.Permission which covers the land
which was not part of the alleged transaction between the petitioners and the private respondent nos.7 to 11.
Learned Senior Advocate submitted that the land in question being Survey No.129 of Village:Ghodasar which was admeasuring 16,997 Sqr.Mtrs.
Under the proceedings of U.L.C., where 8 units were declared to be retainable admeasuring 7420 Sqr.Mtrs. and 9568 Sqr.Mtrs. were declared
surplus. This decision of the State was taken under review under Section 34 of the U.L.C. Act and in that proceedings, any action on the surplus land
was stayed. Despite this being the factual position, the impugned order dated 31.08.2019 which granted N.A.Permission for the land admeasuring
10957 Sqr.Mtrs. suggesting that the N.A.Permission was granted for the land far beyond the land which was transacted between the private parties
and also included the land which was originally declared as surplus, but was under review and at no stage is a subject matter of alleged transaction
between the private respondents.
Learned Senior Advocate states that though there is an alternative remedy, interference is required as even from the government record itself the
illegality is coming out on record.
ISSUE NOTICE FOR FINAL DISPOSAL returnable on 18.06.2021. Ms.Divyangna Jhala, learned AGP waives service of notice for the
respondent nos.1 and 2. Direct service qua rest of the respondents is permitted
At this stage, learned Senior Advocate drawn attention of this Court to the photographs produced on record to indicate that the development by
private respondents is made on land even which was not part of the alleged transaction. Hence, parties to maintain the status quo.