RAJNIKANT J RAITHATTHA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY this petition under Article-226 of the Constitution of India, the petitioner has prayed for an appropriate writ, order or direction to quash and set aside the order passed by the Collector, Rajkot, in Case No.JMN-1-Rajkot Taluka-25-1991 dated 21st November, 2003.

(2.) THE facts leading to the filing of the present petition may be summarized as under :

(3.) ON the other hand, Mr.Vandan Baxi, the learned AGP appearing for the State­respondents, opposed this petition and submitted that having regard to the new and restricted tenure of the agricultural land, the permission of non-agricultural use could not have been granted without the prior permission of the State Government. He submitted that although the Taluka Development Officer is the competent authority to grant such permission, but before granting such permission the TDO has to seek permission of the State Government for exemption from new tenure. Mr.Baxi submitted that since the State Government accorded the necessary permission in the year 2003, the amount of premium has been fixed @ Rs.570/- i.e. the market value of the land prevailing in the year 2003.