MANUBHAI UMEDBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition is filed for an appropriate writ, direction or order, quashing and setting aside the impugned order passed by the Additional Chief Secretary [Appeals] [Revenue], Ahmedabad, Annexure `B' to the petition, dated October 29, 1987.

(2.) The petitioner was the occupant of land bearing survey No.667 [part] admeasuring about 7.1/2 gunthas situated in Lakhavad Pati, outside Nadiad town. It was agricultural land in the revenue record. According to the petitioner, surrounded area was converted into non-agricultural land and was used for industrial and residential purpose. According to the petitioner, he was not in a position to make use of land for non-agricultural purpose. He, therefore, made the use of the land for farm house. At that time, there was no highway adjoining the said land. The construction was not pucca construction. However, National Highway No.8 was diverted from the area where construction was made by the petitioner. The proceedings were, therefore, initiated by the Collector under the Bombay Land Revenue Code, 1879 [hereinafter referred to as `the Code'] and by order dated 24th April 1984, Annexure `A' to the petition, it was held that the petitioner has made unauthorised construction to the extent of 186 sq. mtrs. The petitioner was, hence, directed to remove illegal and unauthorised construction within a period of two months at his costs, failing which the authorities would get it removed and the amount would be recovered as land revenue. The said direction was issued to the Mamlatdar by the Collector. It was also ordered that the petitioner would have to pay necessary amount as specified in the order since agricultural land was used for non-agricultural purpose. It appears that thereafter, revision application was filed before the Additional Secretary, who remanded the matter and again the order was passed by the Collector, which was taken again in revision and the order passed by the revisional authority is at Annexure `B'.

(3.) Reading the impugned order, it appears that the Collector reiterated what was held by him in the earlier order and directed demolition of construction to the extent of 186 sq. mtrs. In the revision application filed by the petitioner, however, the Additional Chief Secretary modified the order passed by the Collector. He not only dismissed the revision application filed by the petitioner, but he also directed summary eviction of the petitioner from the land in question with a view to set an example in the society that there should not be any unauthorised construction by any person in future.