DIPESHBHAI POPATBHAI MEHTA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition, which his filed under Articles 226 and 227 of the Constitution of India, the petitioner has challenged the order dtd. 18/2/2009 passed by the Secretary, Revenue Department (Appeals).

(2.) Heard learned advocate, Mr. Tatvam Patel for the petitioner and learned AGP Mr. Hardik S. Soni for the respondents.

(3.) Learned advocate for the petitioner submitted that the dispute in the present petition is with regard to the land bearing Survey No.267 pk. admeasuring 9105 Sq.Mtrs. situated in Village : Orvad, Taluka : Pardi, District : Valsad. The disputed land was originally owned and occupied by one Rohitkumar Babubhai Desai. The petitioner purchased the said land from the concerned land owner on 6/4/1999 by registered sale deed and, thereafter, the name of the petitioner came to be mutated in the revenue record on the basis of the registered sale deed. As the petitioner wanted to use the said land for bonafide industrial purpose, he applied to the concerned panchayat for grant of no objection for granting permission under Sec. 65 of the Bombay Land Revenue Code (hereinafter referred to as "the Code" for short). It is submitted that the concerned Gram Panchayat passed Resolution on 28/12/2001, whereby the Panchayat has resolved to grant no objection for the grant of NA permission to the petitioner. It is submitted by learned advocate for the petitioner that as the petitioner wanted to set up factory for the production of Aluminum Collapsible Tubes, he applied for the development permission to be granted by the concerned panchayat. The petitioner got required forms filled up by the registered structural designer, who was holding valid licence. Thereafter, the petitioner submitted an application on 13/6/2002 for obtaining NA permission under Sec. 65 of the Code for the land in question. The said application was submitted to the Taluka Development Officer, who was the competent authority to grant such permission. It is submitted that the petitioner supplied all the required details and the documents along with the said application and after making necessary inquiry as contemplated under Sec. 65 of the Code, the concerned competent authority granted permission under Sec. 65 of the Code in favour of the petitioner. The petitioner, thereafter, started construction work in the land in question and installed machinery. It is submitted that the construction was carried out as per the sanctioned plans.