Judges land allotment case – Gujarat HC constitutes larger bench after heated argument

Ahmedabad

The Gujarat high court today constituted a larger bench (a three judge full bench) to hear the matter pertaining to the alleged disputed allotment of land plots to its judges, a day after 27 former and current judges of the court were issued notices for accepting plots of land at a concession from the state government.

Amid heated argument two High Court judges including the acting Acting Chief Justice VM Sahai, who took the suo moto cognizance of the matter and issued notices yesterday, also opted out of the hearing.

Now a larger bench of three judges comprising Justices Mohinder Paul, J B Pardiwala and Paresh Upadhyay will hear the case.

The government’s lawyer, Advocate General Kamal Trivedi, who had argued that the previous panel should not hear the case as both the judges, including Justice Sahai, were ‘desirous of plots’ themselves.

Justice Sahai, acting on a complaint, had asked over two dozen judges and the state government to respond to allegations that there were irregularities in the allotment of plots in the prime locations of Ahmedabad city in 2008.

As the government lawyer repeatedly questioned whether he should hear the case, Justice Sahai referred it to the larger bench. He strongly refuted allegations made by the Advocate General.

The complaint in the case was a letter by two former judges, which raised questions of conflict of interest in the allotment of government plots to judges, given that the court hears petitions involving the government all that time. The 27 judges involved were each given plots of 400 square metres at subsidised rates in Ahemdabad; their market value is believed to be worth crores of rupees. According to the complaint, the judges paid just Rs 25 lakhs.

The court had also served notices to the state Revenue Department; and the Ahmedabad Municipal Corporation among other government agencies, seeking their replies.

The judges, to whom notices have been sent, include eight sitting Gujarat High Court judges, Chief Justices of Bombay and Orissa High Courts and a sitting judge of Supreme Court. The court took suo motu notice of two letters written last month by retired judges Justice B J Sethna and Justice K R Vyas alleging irregularities in the allotment and took these up as a PIL. These plots are located in the emerging plush areas of Sola and Gota and were allegedly fall under the prohibited category of water body and cow pasture.

– DeshGujarat