The state government faced a major setback in a case in which it plans to take possession of the land given to Swadhyay Parivar's Bhavnirzar trust situated at prime location in Satellite Road.
The state government, on Thursday, faced a major setback in a case in which it plans to take possession of the land given to Swadhyay Parivar's Bhavnirzar trust situated at prime location in Satellite Road. Justice SR Brahmbhatt of the Gujarat high court has asked the state to maintain the status quo till August 9.
The judge issued direction after hearing two different petitions filed by Swadhyar Parivar's two trusts - Janan Vistarak Sangh and Tatvagyan Vidhyapith.
While delivering the order, justice Brahmbhatt observed that, the government had not applied its mind while issuing notice under purpose of 'public use'.
Sudhir Nanavati and Harshad Prajapati, counsels for the trusts, submitted before the court that the Janan Vistarak Trust was allotted land in 1971 and the lease period was extended twice for 15 year each. In 2001, when the lease period came to an end, they forwarded an application to the government for an extension of the same.
The counsels said that ten years later all of a sudden the government issued notice to repossess the land.
The government is now claiming that they wanted to use the land for public purpose but has not mentioned for what public purpose. The government must clearly state the purpose, the counsels said.
They also argued that the government has already finalized town planning scheme and the trust is to be the owner of the land as shown by government itself.
They argued that the trust has also paid the betterment charges, which is mandatory while finalising the scheme.
"The trust is still using the land for study of agriculture and has not changed its use," the counsels said.
The Swadhyay Parivar was allocated five different stretches of land in the name of its two trust in 1971 and 1975 for different lease period.
The Janan Vistarak trust was allocated land for 15 years lease period for agriculture purpose while the other trust was allocated land for 30 years lease for building hostel facilities for students.
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