KESHAVLAL BHALABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner was admittedly unemployed in or about 1982. The Government of India had evolved a scheme for free allotment of land to persons residing in rural areas for the purpose of constructing a residential unit. Thereafter, the said scheme stood transferred to the State Government and the State Government modified and adopted such scheme laying down various criteria for the purpose of being eligible to plot of land under the said scheme.

(2.) The petitioner made an application for allotment of land in the year 1982 but as the said application was incomplete it was rejected in the meeting of Land Allotment Committee on 1.9.1982. The petitioner, it appears applied for reconsideration after submitting various details and the committee took up the matter and vide resolution dated 23.12.1987 allotted a plot of land to the petitioner under the scheme. In pursuance of such resolution, the petitioner ultimately was actually put in possession of plot of land on 10.1.1991 and Sanad was accordingly granted at that point of time. When the sanad was granted number of terms and conditions including condition that construction should be completed within a period of two years was imposed upon the petitioner. However, admittedly the petitioner had not commenced construction on the aforesaid plot of land. The petitioner made an application for change on 19.2.1996 whereby it was pointed out that the plot originally allotted to him in 1987 was uneven and abutting on road. It was therefore submitted that instead of this originally allotted plot of land the petitioner should be allotted another plot of land.

(3.) This application for change of plot was considered positively and on 7.1.1997 another plot bearing No.39 was allotted to the petitioner and once again with a stipulation that the construction of the residential premises should be completed within a period of two years. In pursuance of this decision of 7.1.1997 the petitioner approached the Talati seeking permission to commence construction and accordingly the plan was approved and the Talati granted permission to commence construction on 28.2.1997.