Transfer Of Properties Allotted To MPs/ MLAs: Supreme Court Directs Gujarat Govt To Prepare Draft Mechanism To Consider Requests For Bonafide Transfers

A Bench comprising CJI NV Ramana, Justice Surya Kant and Justice Hima Kohli  has issued direction in an application filed by BJP MLA Sunil Oza aggrieved by High Court orders. The applicant said that he is desirous to transfer his property, a plot in Gandhinagar Gujarat.

The Bench recorded, "We direct State Government to prepare a draft as sought by the petitioner in this relief. List the matter after one week."

The application has been filed by Oza to intervene in the special leave petition filed before Supreme Court a decade ago in relation to the scheme and policy of the state regarding allotment of residential plots at concessional rates in Gandhinagar to MPs, MLAs, government officials and employees.

The present issue relates to a decade-old case regarding the sale and transfer of over 15,000 plots, allotted at concessional rates in Gandhinagar to some MPs, MLAs and government officials and alleged irregularities in those sales.

During the hearing, Solicitor General Tushar Mehta, appearing for State of Gujarat, informed the Court that an application has been moved by one person.

Advocate Prashant Bhushan, appearing for the petitioner in the main matter informed the Court that a suo moto case was registered by Gujarat High Court by which they stayed all allotment being made to VIPs, MPs, MLAs, etc. Thereafter they started giving allotments to Judges also. The result was that suo moto case could not be heard by at least 8-9 Benches as most of the judges had taken plots in the same set of allotments. Therefore, the Supreme Court had transferred that suo moto case with the petitioner's case.

CJI Ramana observed that the applicant is seeking direction to prepare a mechanism subject to final orders.

"We will ask Government to prepare a scheme, let us examine if it is plausible, and if not we can reject it." CJI said.

"Regarding his application for impleadment he has not disclosed anything in his application and how he got this plot allotted. How can an application of this kind be entertained for impleadment?" Mr Bhushan said.

Advocate Saurabh Mishra appearing for the applicant MLA submitted that the petitioner is a public representative, an elected MLA who was allotted this plot. Supreme Court had passed an order in 2012 that no transfer of property was to take place without leave of the court. Once the suo moto case was itself transferred to this court, no applications for transfer are being entertained by the High Court.

Advocate Prashant Bhushan argued, "It seems the particular petitioner has come up as a proxy litigant on behalf of State of Gujarat."

"We are not going to do anything today, let state come up with guidelines, we will examine." CJI orally observed.

The case was mentioned yesterday by Solicitor General Tushar Mehta for urgent listing.

"This concerns permissibility of transfer of plots allotted by Government to MLAs, bureaucrats etc. There are several people in dire need or need to transfer for philanthropic reasons." SG had said during mentioning.

Case Details

The Gujarat High Court had in the year 2000 taken suo moto cognisance of two policies of State of Gujarat permitting transfer of plots allotted to Government officials, contained in a Government Resolution which became subject matter of the suo moto matter. The High Court had thereafter ordered a stay on the Government resolution on 3rd April 2001.

When the order of stay was appealed before the Supreme Court, it stayed the High Court's order till disposal of the suo moto matter and asked the High Court to dispose the same expeditiously.

Later in the year 2012, the special leave petition in which the present application has been filed, was filed before the Supreme Court raising similar issues and the Court asked the High Court to decide the suo moto matter expeditiously.

Supreme Court had on 2nd November, 2012 directed that no further allotments or permission to transfer the plots already allotted under Government Resolutions in question would be granted without leave of the High Court, till disposal of suo moto case before the High Court.

When the matter was still pending disposal before the High Court even after 5 years, the Supreme Court in 2017 transferred the suo moto case from Gujarat High Court to itself. As a consequence of the top Court's order, the High Court refused to entertain applications seeking leave for transfer of plots under the impugned GR's.

The present application filed by Advocate Saurabh Mishra has argued that till the Supreme Court adjudicates the legality of those GRs, some mechanism is required to be evolved where individual cases of transfer can be considered on merits.

The applicant has submitted that there are certain individual cases in which the allottee of the plot is desirous of transferring its plot bona fide and not with any profit motive. Therefore each case of transfer may have to be examined in context of circumstances necessitating the transfer.

"It may therefore be in the interest of justice that instead of continuing a stalemate resulting out of the orders passed in the present proceedings or order of the High Court and its pendency a mechanism is worked out by the State of Gujarat where individual cases can be considered and transfer of plots are permitted for good, valid and bona fide reasons", the petitioner has argued.

(Case Title : Maulin J Barot v. State of Gujarat | SLP(c) 896/2021)

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