Mon. Sep 28th, 2020

Notice issued to 27 sitting and former Supreme Court and High Court judges in relation to allotment of plots, houses and flats by the State of Gujarat

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Gujarat High Court: Acting
upon a suo moto PIL initiated by Justice B.J.Shethna, Former Judge of Gujarat and
Rajasthan High Court and letter dated 6.7.2015 of Justice K.R.Vyas, Former
Chief Justice, Bombay High Court and Former Judge of Gujarat High Court
questioning the allotment of flats, house or plots to the Judges, the bench of
V.M. Sahai, ACJ and R.P. Dholaria, J. issued notices to the Government of
Gujarat along with 27 sitting and retired judges. The list also includes
Justice A.R. Dave, the sitting judge of Supreme Court of India.

The Court stated
that in this era of transparency, everything has to be before the public and no
one can claim that they are above law. The Court, however, noticed that the
intention on the part of the Government appears to be pious that those Judges
did not have any plot, flat or house, they should be allotted a plot so that
after retirement they may settle down in the house for which the Government has
provided the land and that the intention of the Government never meant to allot
the plots to the Hon’ble Judges for any other purpose.

Kamal B. Tiwari,
the advocate general had mentioned that the cooperative society in which the
allotments had been made, belonged to government and that there is free access
to public on the road of the society. However, B.T. Rao pointed out that nobody
but the members of the society are allowed to access the said roads.
Considering the said argument, the Court said that if this is the case, how the
Government has not charged 40% amount of land, which is charged from other
Cooperative Societies and also if the internal development of the total area of
land in the Cooperative Society exists has been carried out by Ahmedabad
Municipal Corporation on their expenses then it should be explained on whose
order. Considering the urgency of the matter, it will be taken up tomorrow
before a newly constituted bench. [Suo Moto v. State of Gujarat, decided on 10/08/2015]
Source: Legal news India

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