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3 COMMENTS

  1. In the year 1981, with the request made by the then Municipal Chairman and ward members two persons residents of Palacole town have gifted their own site which has an exetent of 209 sq. yards for construction of Municipal Elementary school in their father’s name. Accordingly, the council passed a resolution to name the proposed elementary school in the name of x with a condition that the said open site will have to be gifted to the Municipality. Accordingly, the donors came forward and gifted the said 209 sq yards to the Municipality vide gift deed 30.10.1982. As the said 209 sq. yards is not sufficient for completion of a new school building therein, the then Municipal Council sent proposal to Revenue Department for allenation of the adjacent government site. As the said open land was allotted to landless poor by name y, the said proposal of elementary school building was dropped by the Municipal council. Later, in the year 1992, the said proposal of new municipal elementary school building shifted to the other area which is near by to the proposed site and the same was constructed in the municipal reserve site which has an extent of nearly 800sq. yards.
    In the year 1988, the donors had approached the Municipal Council, for return of the said open site which was gifted to the Municipality, as the Municipality did not construct any school building in the said site. As the original purpose of the gifted deed was defeated in the year 1989 itself the Municipal Council has discussed about this issue and resolved vide C.R.No.305, dated 28.11.1989 to return back the said site to the donors as the said site is not useful for construction of school building after obtaining the permission of the govt.,
    Later, the then Municipal commissioner, addressed the govt., requesting for accord permission for return the gifted site to the donors duly enclosing the resolution. It is also noticed that in the year 1985 itself, the District Collector, addressed the Municipal Chairman, Palkol informing that the site which was adjacent to the gifted site was already allotted to one x on payment of market value. Hence, it was finally suggested to identify another suitable site for construction of school building and completed the work in due course. Since then the prolonged correspondence is going from the Municipality to the Govt., with regard to reconveying the said gifted site. In the year 1989 itself the Municipal Standing Counsel opined that on obtaining the permission from the Govt., and as per council’s Resolution, the request of the donors can be considered as no school building was constructed by the Municipality and the sole purpose of the donors was already defeated.
    In view of the above, it is requested the VAKILNo1 team, how to prepare a representation to be given to the Govt., with relevant case laws.

    This is my own case.

  2. A representation can be made to the Govt. based on the facts and circumstances narrated by you. In this case, you have to tread very carefully, because once you have gifted the property, same gets vested in the donee. As such, for proper reply to your query, the Gift Deed needs to be perused.

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