BATUKBHAI GOPALBHAI PATEL Vs. RAVJIBHAI BHANGAD UKABHAI RATHOD

JUDGEMENT

(1.) Rule, returnable forthwith. Learned advocates for the respective respondents waives service of notice of rule.

(2.) By this petition, under Articles 226 and 227 of the Constitution of India, the petitioners have challenged the order dated 31st July, 2017 passed by the Special Secretary Revenue Department (Appeals) (for short 'the SSRD') in Revision Application No.8 of 2016 whereby, the order dated 03.07.2016 passed by the Deputy Collector was set aside by which the application under Section 73AA of the Gujarat Land Revenue Code, 1879 (for short 'the Code, 1879') filed by the respondent Nos.1 to 5 was rejected. The SSRD also cancelled the NA permission order dated 27.08.2015 qua land bearing block nos.252, 253, 254, 255, 259, 260 which was consolidated in block no.252 situated at Village: Ishanpor, Taluka: Olpad, District: Surat.

(3.) The short facts of the case are that the petitioners had initially purchased the block nos.252, 253, 254 255, 259, 260, 262, 263 and 264 by different sale deeds from different original owners and subsequently, the registered sale deeds were executed in favour of respondent Nos.11 and 12 and in turn the said land was transferred in name of the petitioner No.4 by registered sale deeds. An application was made for granting development permission by the petitioners and by separate order such permission was granted for separate block numbers in the year 2014 by the Town Planning Officer, Surat. In the development permission, it was specifically mentioned that road of 12 Mtrs is to be derived from northern side for ingress and egress and as per the actual location of the area, block no.237 falls under northern side of the non agricultural land of the petitioners ad-measuring 5883 Sq.Mtrs.