RADHE ENTERPRISE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Petitioners under Art. 226 of the Constitution of India have preferred this petition in connection with land bearing Survey No.1062 admeasuring 140.49 sq.meters situated in Mehsana. The owners of this property Suthar Jitendrakumar Amrutlal and Trikamlal Damodardas were granted the land under Schedule-H of sec. 133 of the Bombay Land Revenue Code, 1879 ("the Code" for short), which has been converted into non- agricultural land. The owners had put up construction and they continued to pay necessary taxes to the Municipality.

(2.) The property purchased by the petitioners was by a registered sale deed executed on 29/11/1991. The petitioners were also registered as occupants by the City Survey Superintendent on 11/12/1991.

(3.) On 7/2/1992, the petitioners submitted an application to Mehsana Urban Development Authority with a request to permit construction, which was allowed by resolution No.3(7) of the Town Planing Committee dtd. 22/4/1992. Necessary charges were also paid on 27/4/1992 . The petitioners had desired construction of shops on the Plot No.12 of Revenue Survey No.1119 paiki and the total area of plot is 140 sq.meters and the built up was proposed as 38.65 sq.meters and the permissible built up area was 56.19 sq.meters. Rest of the area was to be kept open as per the rules.