RAJENDRAKUMAR AMRUTLAL MENDHA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Letters Patent Appeal is filed against the judgment and order passed by the learned Single Judge in Special Civil Application No.802 of 2012 dated 02.09.2016 by which the said petition was dismissed.

(2.) The facts in brief are that the land bearing Survey No.7, admeasuring 9 Acres and 20 Gunthas, situated at Ratanpar, Taluka Wadhwan, District Surendranagar, was of the ownership of one Khimchand Chaturbhai Shah. On an application preferred by the owner, the said land was converted into Non-Agricultural land by order dated 24.05.1961. Thereafter, the said land was purchased by a Partnership Firm, named M/s.Shah Chaganlal Umedchand on or about 09.06.1969. The said Firm submitted a residential lay-out plan with the competent authority, which was duly sanctioned. As per the said plan, Plot No.5 was reserved as common plot for public purpose whereas, the other Plots were to be utilized for residential purpose.

(3.) We have heard learned counsels on both the sides. In this Letters Patent Appeal, learned Senior Counsel Mr. Anshin Desai appearing for the Appellant-Petitioner submitted that in the Writ Petition before the learned Single Judge, the Respondents had not produced any material on record to substantiate the claim that necessary permission had been granted by the authority concerned for carrying out construction work of the Temple over the Plot in question. Further, the construction carried out was in excess of the prescribed limit of 1/6th portion of the total area of land, which was against the opinion given by the Mamlatdar concerned to the Respondent-District Collector. However, the learned Single Judge lost sight of the above aspects of the case and has, thereby, erred in rejecting the writ petition filed by the Appellant-Petitioner.