STATE OF GUJARAT Vs. ALASUR HATHIYABHAI CHARAN

JUDGEMENT

(1.) BY way of this Appeal, the State of Gujarat has challenged the judgment and order dated 24.12.2010 passed by the learned Single Judge in Special Civil Application No.3520 of 2010, by which the learned Single Judge the authorities are directed to fix the premium as on the date of the application which were made by the respondent-original petitioner on 24.1.1996 for non-agricultural use of the land. The learned Single Judge has further directed to adjust the amount which has already been paid by the respondent and the authorities are directed to complete the exercise as expeditiously as possible, within a period of 10 weeks from the date of receipt of the order.

(2.) BRIEF facts emerging from the case are that pursuant to an application submitted by the appellant on 30.12.1995, the Collector, Jamnagar accepted the application of the respondent- original petitioner to convert land into non-agricultural use and amount of premium was fixed at Rs. 2,11,098.00 by order dated 24.1.1996. By a detailed order dated 5.2.1996, the District Collector permitted the respondent to use the land for non- agricultural purpose on certain conditions. It was also observed that the respondent had paid 50% of the amount which was fixed by the Collector by his order dated 24.1.1996.

(3.) THE respondent filed Revision application before the State of Gujarat under Section 211 of the Bombay Land Revenue Code, 1879 by way of filing Revision Application No.17 of 1996. The Secretary, by his order dated 12.3.1996 partly allowed the Review Application and quashed the order passed by the Collector on 21.6.1996 by which earlier orders were cancelled. As per the order in Revision dated 5.3.1997, the Collector was directed the Collector to decide the application of the respondent in accordance with law and considering different resolutions passed by the Revenue Department.