The supreme court of India directs Gujrat Govt t prepare Draft Mechanism to Consider Requests for bona fide transfers of properties to MP/MLAs

By – Rhytham Jain

The supreme court of India gave the order to the Gujrat government to prepare a draft mechanism to consider requests for good intention transfer of property allotted to MP/MLAs and other govt officers by the state government of Gujrat. A special bench of the supreme court of India led by CJI NV Ramana, Justice Surya Kant, and Justice Hima Kohli has issued directions and guidelines in an application filed by BJP MLA Sunil Oza after he did not get any satisfactory decision from Gujrat high court. He said that he wants to transfer his plot, property or asset, to Gandhinagar Gujarat.

This bench ordered the state government of Gujrat to prepare a legal draft as demanded by the petitioner for his satisfaction and relief and to submit it before the court within one week. This petition has been filled in the special leave petition filled in the supreme court a decade ago regarding the scheme or policy of the state government regarding the allotment of plots at discounted rates in Gandhinagar to MPs and MLAs.

This present controversial issue is related to a decade-old debate regarding the sales and transfer of more than 15000 plots at discounted rates in Gandhinagar to some MPs and other government employees and alleges irregularities in the sale of these plots. Representing the state government of Gujrat, Tushar Mehta, informed the honorable court that already one application has been filled on this issue, and in that matter Gujrat, the high court has already taken a Suo Moto action and stayed all such allotments to government employees till further orders. Some of the judges of Gujrat high court have also taken possession of these allotted plots so the supreme court moved this Suo Moto case to this new petition filled by MLA Sunil Oza.

CJI examined that the applicant is seeking guidelines or directions to prepare a mechanism subject to further orders. So, he said that we will ask the state government for this and then we will decide further orders.  Appearing for the applicant Advocate Saurabh Mishra submitted that the petitioner is an MLA who was allotted this plot and in the year 2012 supreme court has decided that no transfer of property was to take place without the approval of the court.

Further Advocate Prashant Bhushan said that the applicant has come up like a proxy of the State of Gujrat. Then giving the reply CJI said we will decide this issue after the reply given to us by the government of Gujrat.

Legal