KAMLABEN FULABHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioners are aggrieved by the orders rejecting the application under section 21 of the Urban Land (Ceiling and Regulation) Act 1976 and the order passed in appeal. The learned Counsel for the petitioners submits that under section 21 the State Government is under an obligation to declare the land not to be excess and allow the person to hold the land in accordance with the scheme approved by the authorities specified by the Government. It is submitted that under such scheme the land is to be utilised for the construction of a dwelling wait for accommodation of a weaker section of the society and once there is such a genuine application in accordance with the approved scheme the land holder has got a right to hold such excess land and the Government is duty bound to permit such land holder to continue to hold such excess land under section 21 of the Act.

(2.) It is not possible to uphold this contention that there is any right in the land holder and that there is any obligation on the Government to permit such land holder to continue to hold such excess land. The use of the word may in section 21 clearly gives discretion to the authority. It provides that competent authority may after making such inquiry as it thinks fit xxxxx. It is thus clear that the competent authority has the discretion while exercising powers under section 21 of the Act.

(3.) In the present case the petitioners application has been negatived on the ground that the land is required by Posts and Telegraphs Department for construction of a post office and staff quarters. This is clearly a public purpose.