NOOTANN SARVA VIDYALAY KELVANIMANDAL Vs. JYOTI TRUST

JUDGEMENT

(1.) An order dated 14th September 2001 passed in Special Civil Application NO. 7774 of 2001 has been challenged in this appeal. By virtue of the impugned order passed by the learned single Judge, respondent No. 3-the Collector, Dist. Mehsana, has been, in effect, directed to demolish illegal construction put up by the appellant on the land in question and remove the encroachment made by the appellant on the land belonging to the government.

(2.) Some undisputed facts giving rise to the present litigation are as under :

(3.) The appellant is a trust, which is running certain educational institutions. The appellant had made a request to the government authorities for grant of land forming part of City Survey No. 6 situated at Visnagar. After considering the request made by the appellant, a plot of land admeasuring 226.76 sq.mtrs. forming part of City Survey No. 6 was granted to the appellant by an order dated 21.6.1992. A copy of the order whereby the land in question was granted is annexed as Annexure A to Special Civil Application No. 7774 of 2001. The grant of land was conditional. One of the important conditions, which has been incorporated in the said order, is that the appellant would not put up any construction on the land granted to it and it has been also provided in the order that if any construction is put up on the land in question, the concerned authorities would forfeit the land without payment of any compensation and would also impose fine upon the appellant. In violation of the said condition, the appellant put up construction on the land in question. Moreover, the appellant also made encroachment on some other portion of the land belonging to the government and forming part of City Survey No. 6 situated at Visnagar. When the fact with regard to illegal construction on the land in question and the encroachment made on the government land was brought to the notice of respondent No. 3, proceedings had been initiated for the purpose of removal of the encroachment and the illegal construction. A notice dated 13.1.2000 was given to the appellant calling upon it to show cause as to why the government authorities should not take action for demolition of the illegal construction and removal of the encroachment but instead of giving reply to the said notice, the appellant had challenged the validity of the notice before this court by filing Special Civil Application No. 571 of 2000. As this Court was not inclined to pass any order in favour of the appellant, the said petition was withdrawn by the appellant on 19.2.2001.