Sola residents challenge govt move to allot HC land.
This is one case that Gujarat High Court may find interesting. For, on one hand it has to keep in mind its own interest and on the other, it has to decide the merit of the purpose of a petition.
In the case, some residents of Sola have moved the high court against a government plan to allot land to the high court for its expansion project. The Gujarat government has started the process of acquiring land measuring over 1 lakh square metre for the project, but a group of land owners have challenged the government move in the high court.
The high court administration, however, says expansion is necessary for future requirements and the objection raised by land owners is not tenable. The argument by the administration came after a bench of the high court issued notices to the HC registrar-general, administration head of the high court, and various government departments.
The residents moved the high court after the state government issued a notification to acquire 1.04 lakh square metre of land on southern side of the existing high court building. The petition was filed by Sanjay Patel and 14 others.
In addition to the notification, the government also invoked section 17(4) of the Land Acquisition Act for speedy disposal of the process. The state government has already allocated of Rs22 crore for the project.
Senior counsel BM Mangukia, on behalf of the land owners, submitted that the present built-up area of the existing high court complex is only 42,132 square metre against a total available land of 1,36,927 square metre. "Remaining area of the land is scattered on the ground and the ground floor of the building. In the first phase of expansion, the state government acquired 62,000 square metre land and handed it over to the high court administration,'' he submitted.
According to him, the high court has, as on today, a total land area of 2,26,312 square metre and it is enough to make construction for the further expansion of the high court. "Looking at the FSI approved in the area, the high court administration can meet its necessities by raising two more floors in the existing buildings. The state government has already implied a draft town planning scheme in Sola, where the petitioners have got land, for residential and commercial development, and AUDA has already granted them new TP numbers. Therefore, the move of the state government is arbitrary and illegal and deserved to be cancelled,'' he submitted.
On the other side, the administration of the Gujarat high court has raised objections to the petition of the land owners. Its argument is that the present premises of the high court need to be expanded as "staff members, lawyers and visitors are facing space crunch".
This is the second round of litigation in land acquisition process for the high court. About a year back, a similar situation had arisen but that was finally settled by the Supreme Court. At that time, the government wanted to acquire 62,000 square metre of but a group of land owners resisted the move. Their petition was however rejected by the Gujarat high court and then by the Supreme Court.
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