LexLOKPRAKASHAN LTD. versus KANCHANBHAI KANBHAI TADVI AND ORS.
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[2009] 13 (ADDL.) S.C.R. 792
LOKPRAKASHAN LTD.
v.
KANCHANBHAI KANBHAI TADVI AND ORS.
(Civil Appeal No. 5692 of 2001 etc.)
AUGUST 27, 2009
[DALVEER BHANDARI AND HARJIT SINGH BEDI, JJ.]
Bombay Provisional Municipal Corporations Act, 1949
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- s, 79 - Grant of land to newspaper by Municipal Corporation
C - Exemption granted by State uls. 20 of Urban Land (Ceiling
and Regulation) Act - Sale of land in favour of newspaper -
High court upheld challenge to sale - On appeal, held: Sale
was not in violation of any rules or regulations - On faCts,
impugned order not,sustainable - Urban Land (Ceiling and
o Regulation) Act, 1976 - s. 20.
Appellant-Newspaper applied for grant of land which
belonged -to Municipal Corporation. Proposal for
allotment of the land in favour of the appellant was
approved by the Standing Committee of Municipal
E Corporation. State Government granted exemption u/s.
20 of Urban Land (Ceiling and Regulation) Act, 1976 with
respect of the land sold to the appellant. Appellant
challenged valuation of the land at the rate of Rs. 11001-
per sq. mtr. Pending decision of valuation, appellant
F made payment at the rate of Rs. 1000/- per sq. mtr. on the
asking of the authorities concerned. Municipal
Corporation also executed possession receipt in favour
of the appellant. Thereafter, valuation of the land was
approved. Conse_quently, deed of sale was executed.
G After about a decade a public interest litigation was filed
challenging the grant of exemption and execution of sale
deed. High Court directed the Municipal Corporation to
return the amount paid by the appellant with interest.
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LOKPRAKASHAN LTD. v. KANCHANBHAI KANBHAI 793
TADVI AND ORS.
Hence the present appeals.
Allowing the appeals, the Court
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HELD: The sale of land in favour of the appellant-
Newspaper, by no stretch of imagination, can be said to
be in violation of any rules or regulations. In the facts and
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circumstances of the case, the impugned judgment of the
High Court cannot be sustained. [Para 32] [800-C]
Narmada Bachao Ando/an v. Union of India and Ors.
(2000) 10 SCC 664; S.P. Gupta v. President of India and Ors. c
1981 {Supp) SCC 87; Indian Express Newspapers (Bombay)
Private Ltd. and Ors. v. URion of India and Ors. 1985 (1) SCC
641; Express Newspapers Pvt. Ltd. and Ors. v. Union of India
and Ors. 1986 (1) SCC 133; Tata Press Ltd. v. Mahanagar
Telephone Nigam Ltd. 1995 (5) SCC 139 referred to.
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Case Law Reference:
c2000) 1 o sec 664
Referred to.
Para 24
1981 {Supp) sec 87
Referred to.
Para 26
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1985 (1) sec 641
Referred to.
Para 29
1986 (1) sec 133
Referred to.
Para 29
1995 (5) sec 139
Referred to.
Para 30
CIVIL APPELLATE JURISDICTION : Civil Appeal No.
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5692 of 2001.
From the Judgment & Order dated 15.6.2001 of the High
Court of Gujarat in Special Civil Application No. 723 of 2000.
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WITH
C.A. Nos. 6299-6300 of 2001.
D.A. Dave, Anip Sachtehy, Mohit Paul and V.D. Khanna
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794
SUPREME COURT REPORTS [2009] 13 (ADDL.) S.C.R.
A (NP) for the Appellant.
f ~
Manu Nair, Arun Mohan,' (for Mis. Suresh A. Shroff & Co.)
Hemantika Wahi, Mamta Tushir, Garvesh Kabra and Shrish
Kumar Misra for the Respondents.
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The Judgment of the Court was delivered by
DALVEER BHANDARI, J. 1. These appeals are directed
against the judgment and final order dated 15.6.2001 of the
High Court of Gujarat passed in Special Civil Application
c No.723 of 2000 along with Special Civil Application Nos.2994
and 6470 of 1999.
2. As the common question of law is involved in these
appeals, therefore, these appeals are being disposed by a
-l_,,,..lls ...
0 common judgment. The facts of the Civil Appeal No.5692 of
2001 are recapitulated for properly comprehending the
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controversy in the case.
3. A daily Newspaper namely 'Gujarat Samachar' started
its publication of a Gujarat local daily newspaper from
E Ahmedabad in 1932.
4.An application was made by the appellant Lokprakashan
Limited on 19.1990 to the Municipal Commissioner for grant
of 5000 Sq. Mtrs. of land belonging to the Baroda Municipal
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F Corporation comprised in Final Plot No.1 of Town Planning
Scheme No.9 situated at Baroda at a reasonable price. It was
prayed in the application that the Lokprakashan daily was
publishing a Gujarati Samachar daily from Baroda for the last
seven years and as it did not have any premises of its own, it
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