KACHCHH DISTRICT PANCHAYAT Vs. NILESH RAMANBHAI PATEL

JUDGEMENT

(1.) IN this appeal, the appellant Kachchh District Panchayat through its District Development Officer, Bhuj, District Kachchh challenges the judgment and order passed by the learned Single Judge dated 12.10.2010 in Special Civil Application No.8860 of 2010, whereby the learned Single Judge allowed the writ petition preferred by respondent No.1 herein (original petitioner) directing the appellant herein to issue formal order for grant of non-agricultural use permission to respondent No.1 original petitioner. Facts relevant for the purpose of deciding this appeal can be summarized as under :-

(2.) RESPONDENT No.1 original petitioner purchased two parcels of land bearing revenue survey No.351/1 and 352 vide two registered sale deeds dated 28.07.2008 and 12.07.2007. The sale deed so far as revenue survey No.352 is concerned is dated 12.07.2007 and the sale deed so far as revenue survey No.351/1 is concerned is dated 28.07.2008. It appears that respondent No.1 requested the District Development Officer to grant N.A. Permission for residential use of the subject land bearing revenue survey No.351/1 situated at Mota Kandagra, Taluka Mundra, District Kachchh. The District Development Officer refused to grant necessary permission to put the land for non-agricultural use on the ground that adjoining the said land, there is a water body. While rejecting the application, the District Development Officer also stated that in the layout plan which was put forward by respondent No.1, no water body has been shown and there is no reference of any distance between the point of construction on the water body. RESPONDENT No.1 was informed that taking into consideration the public interest and the fact that no distance has been maintained between the subject land and the water body, it was not possible to grant permission to put the land to non-agricultural use. This communication dated 21.06.2010 was made subject matter of challenge before the learned Single Judge by filing Special Civil Application No.8860 of 2010. Learned Single Judge on certain misconception of facts allowed the petition and directed the appellant herein to issue a formal order of N.A. Permission to respondent No.1. It appears that what weighed with the learned Single Judge is that some adjoining land which was a Government waste land has already been alloted to Coastal Gujarat Power Ltd. for the purpose of setting up of some power project and they have constructed the boundary wall which covers the entire land completely and would not affect the water body.

(3.) LEARNED advocate would further contend that the learned Single Judge has not appreciated the important question of fact that earlier an application dated 12.01.2009 was rejected at the threshold during the scrutiny as the distance of 40 mtrs. from the centre point of the road was not maintained while preparing the plans and layouts by respondent No.1. He submitted that it is only thereafter that the revised plans and layouts were prepared by respondent No.1. He further submitted that the earlier application dated 13.04.2009 with revised plans and layouts was rejected by the Executive Committee of the Kachchh District Panchayat as competent authority and not by the appellant herein.