Gaekwads must allow houses for poor

AHMEDABAD, July 9: In a significant judgment, Gujarat High Court has upheld the decree of a trial court, which held that a memorandum of agr...

AHMEDABAD, July 9: In a significant judgment, Gujarat High Court has upheld the decree of a trial court, which held that a memorandum of agreement and power of attorney between Vadodara8217;s ex-ruler late Shrimant Fatehsinh Rao P Gaekwad and builder Savjibhai H Patel for building 64,306 houses for the weaker sections of society on 707 acres belonging to the ex-ruler are binding on Shanta Devi.

However, this decree was challenged in the high court. While passing the judgment, the division bench of Justice M R Calla and Justice Rekhaben M Doshit also directed the authorities to take a final decision either way about issue of declaration under section 21 of the Land Ceiling Act at the earliest, but not later than August 15, 1998.

The court also ordered that the defendant-appellant will maintain the same position about the land till the decision is taken by the concerned authorities . However, the court further held that even if the authorities take a final decision and sanction the scheme, the plaintiff-respondent will not enforce the decree for one month.

But partly allowing appeal, the court modified the decree saying that the plaintiff-respondent shall be entitled to enforce the trial court8217;s performance, subject to condition that the authorities make final declaration about the land under section 21 of the Urban Land Ceiling Act.Going into the details of the case, late Shrimant F P Gaekwad and Savjibhai Patel of Ashok Associates entered into an agreement to construct a housing scheme for the poor at an estimated cost of Rs 89.3 crore in 1977. In March 1977, a memorandum of agreement MOA was executed between the two about the land known as Laxmi Vilas Palace Estate. A power of attorney POA in favour of Patel was also executed.

However in 1980, Shri F P Gaekwad reversed his decision, and sent his advocate8217;s letter stating that the MOA and POA were void and illegal. A letter was also sent to the competent authority not to proceed with the applications on his property, which were either pending or which may be made by Patel.