In what could be considered a “rarest of the rare” instance, a Division Bench of the Gujarat High Court today issued notice to more than twenty sitting and former judges..This list includes sitting Supreme Court judge, Justice Anil R Dave and the current Chief Justice of Bombay High Court, Justice Mohit Shah..Notice was issued by Acting Chief Justice VM Sahai and Justice RP Dholaria in a suo moto PIL initiated on the basis of letters written by former Gujarat High Court judges, Justice BJ Shethna and Justice KR Vyas..The PIL relates to the 2008 allotment of plots in Ahmedabad to judges from Gujarat in 2008..What the PIL seeks to ascertain is whether the allotments were made to allotted to individual judges or to a co-operative society of which judges have to be members. The Court will consider the following two issues in the case:.“1. Whether the condition mentions that plots have to be allotted to Hon’ble Judges individually though he has to be only a member of Cooperative Housing Society, or the land had to be purchased in favour of Cooperative Society. It has to be developed by the Hon’ble Judges and plots may be allotted to each of the members of Cooperative Society by the cooperative society. The Members of the society would be treated to be eligible for individually allotments of plot which was never which was the intention of the Government prima facie if the plot is to be allotted to individual person or a judge, in such a cases there cannot be any requirement that one must form a cooperative society and be its member..2. Whether the sale deed has been executed by the Government of Gujarat or Collector of Gujarat in the name of Gujarat High Court Judges, Neetibaug Cooperative Housing Society or individually in the name of a Judges it has been registered individually in the Judges then how it is permissible in law is to be explained by the respondents.”.Though an objection was raised with regard to the Bench hearing the case, the same was brushed aside by the Bench which stated in its order today that:.“Therefore, to state that any perception has been formed or we are swayed in favour of one party or another is not correct. The anxiety is that justice should be done. Serious complaint has been made in the aforesaid letters and after deliberation with heavy heart, this suo moto PIL has been taken up.”.The Court has also made it clear in its order that the prima facie.“intention on the part of the Government appears to be pious [in] that those Judges [who] did not have any plot, flat or house, should be allotted a plot so that after retirement they may settle down in the house for which the Government has provided the land.”.Holding that nobody should be heard ex-parte, the Court impleaded the following judges and issued notice to them..Jayant Patel J., Sitting Judge, Gujarat High Court.MR Shah J., Sitting Judge, Gujarat High Court.KS Jhaveri J., Sitting Judge, Gujarat High Court.Anant S Dave J., Sitting Judge, Gujarat High Court.SR Brahmbhatt J., Sitting Judge, Gujarat High Court.Harsha Devani J., Sitting Judge, Gujarat High Court.KM Thaker J., Sitting Judge, Gujarat High Court.Rajesh H Shukla J., Sitting Judge, Gujarat High Court.MS Shah J., Chief Justice, Bombay High Court.DH Waghela J., Chief Justice, Orissa High Court.Anil R Dave J., Sitting Judge, Supreme Court of India.CK Thakkar J., Former Judge, Supreme Court of India.KA Puj J., Former Judge, High Court of Gujarat.Ravi R Tripathi J., Former Judge of High Court of Gujarat.JR Vora J., Former Judge of High Court of Gujarat.JC Upadhyay J., Former Judge, High Court of Gujarat.AL Dave J., Former Judge, High Court of Gujarat.PB Majmudar J., Former Judge, High Court of Gujarat.CK Buch J., Former Judge, High Court of Gujarat.DA Mehta J., Former Judge, High Court of Gujarat.DN Patel J., Former Judge, High Court of Gujarat now Sitting Judge of Jharkhand High Court.RP Dholakia J., Former Judge, High Court of Gujarat.RM Doshit J., Former Judge, High Court of Gujarat.AM Kapadia J., Former Judge, High Court of Gujarat.MD Shah J., Former Judge, High Court of Gujarat.Bhagawati Prasad J., Former Judge, High Court of Gujarat.HB Antani J., Former Judge, High Court of Gujarat..The matter will now be taken up tomorrow..Image taken from here.
In what could be considered a “rarest of the rare” instance, a Division Bench of the Gujarat High Court today issued notice to more than twenty sitting and former judges..This list includes sitting Supreme Court judge, Justice Anil R Dave and the current Chief Justice of Bombay High Court, Justice Mohit Shah..Notice was issued by Acting Chief Justice VM Sahai and Justice RP Dholaria in a suo moto PIL initiated on the basis of letters written by former Gujarat High Court judges, Justice BJ Shethna and Justice KR Vyas..The PIL relates to the 2008 allotment of plots in Ahmedabad to judges from Gujarat in 2008..What the PIL seeks to ascertain is whether the allotments were made to allotted to individual judges or to a co-operative society of which judges have to be members. The Court will consider the following two issues in the case:.“1. Whether the condition mentions that plots have to be allotted to Hon’ble Judges individually though he has to be only a member of Cooperative Housing Society, or the land had to be purchased in favour of Cooperative Society. It has to be developed by the Hon’ble Judges and plots may be allotted to each of the members of Cooperative Society by the cooperative society. The Members of the society would be treated to be eligible for individually allotments of plot which was never which was the intention of the Government prima facie if the plot is to be allotted to individual person or a judge, in such a cases there cannot be any requirement that one must form a cooperative society and be its member..2. Whether the sale deed has been executed by the Government of Gujarat or Collector of Gujarat in the name of Gujarat High Court Judges, Neetibaug Cooperative Housing Society or individually in the name of a Judges it has been registered individually in the Judges then how it is permissible in law is to be explained by the respondents.”.Though an objection was raised with regard to the Bench hearing the case, the same was brushed aside by the Bench which stated in its order today that:.“Therefore, to state that any perception has been formed or we are swayed in favour of one party or another is not correct. The anxiety is that justice should be done. Serious complaint has been made in the aforesaid letters and after deliberation with heavy heart, this suo moto PIL has been taken up.”.The Court has also made it clear in its order that the prima facie.“intention on the part of the Government appears to be pious [in] that those Judges [who] did not have any plot, flat or house, should be allotted a plot so that after retirement they may settle down in the house for which the Government has provided the land.”.Holding that nobody should be heard ex-parte, the Court impleaded the following judges and issued notice to them..Jayant Patel J., Sitting Judge, Gujarat High Court.MR Shah J., Sitting Judge, Gujarat High Court.KS Jhaveri J., Sitting Judge, Gujarat High Court.Anant S Dave J., Sitting Judge, Gujarat High Court.SR Brahmbhatt J., Sitting Judge, Gujarat High Court.Harsha Devani J., Sitting Judge, Gujarat High Court.KM Thaker J., Sitting Judge, Gujarat High Court.Rajesh H Shukla J., Sitting Judge, Gujarat High Court.MS Shah J., Chief Justice, Bombay High Court.DH Waghela J., Chief Justice, Orissa High Court.Anil R Dave J., Sitting Judge, Supreme Court of India.CK Thakkar J., Former Judge, Supreme Court of India.KA Puj J., Former Judge, High Court of Gujarat.Ravi R Tripathi J., Former Judge of High Court of Gujarat.JR Vora J., Former Judge of High Court of Gujarat.JC Upadhyay J., Former Judge, High Court of Gujarat.AL Dave J., Former Judge, High Court of Gujarat.PB Majmudar J., Former Judge, High Court of Gujarat.CK Buch J., Former Judge, High Court of Gujarat.DA Mehta J., Former Judge, High Court of Gujarat.DN Patel J., Former Judge, High Court of Gujarat now Sitting Judge of Jharkhand High Court.RP Dholakia J., Former Judge, High Court of Gujarat.RM Doshit J., Former Judge, High Court of Gujarat.AM Kapadia J., Former Judge, High Court of Gujarat.MD Shah J., Former Judge, High Court of Gujarat.Bhagawati Prasad J., Former Judge, High Court of Gujarat.HB Antani J., Former Judge, High Court of Gujarat..The matter will now be taken up tomorrow..Image taken from here.
