BIKHUBHAI AHMEDBHAI BIHARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Challenge in this appeal under Clause 15 of the Letters Patent is to the order of the learned Single Judge dtd. 24/6/2022.

(2.) Facts in brief indicate that the petitioner was allotted a land on a permanent basis for the industrial use being diamond industry that was done pursuant to an application made by the appellant on 16/9/1987. By an order dtd. 22/1/1989, pursuant to certain conditions, the land was allotted to the petitioner. Condition No.8 indicated that construction was not carried out within two years from the date of such allotment. Having not done so, despite an extension, the Collector, by an order dtd. 10/2/2020, cancelled the allotment. That was a subject-matter of the challenge before the Special Secretary which confirmed the order of the Collector.

(3.) Mr. S.P. Majmudar, learned advocate for the petitioner would draw the attention of the Court to the communication dtd. 5/5/2003 and submits that an extension was granted and there was a genuine reason, inasmuch as of slackness in the diamond industry, the construction was not carried out. Admittedly, the shed was put up and, therefore, material also on the construction site which indicated that the intention of the appellant was to see that the project is executed.