PATEL BHIKHA BHUTTA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner-owner of vacant agricultural land bearing Survey No. 252 admeasuring 16188 sq. mts. and Survey No. 25 admeasuring 32375 sq. mts. was granted exemption under Section 20 of the Urban Land (Ceiling & Regulation) Act 1976 (hereinafter referred to as the Act) on 16/06/1970 The main condition of exemption was that it shall he used for agricultural purposes only and that breach of the condition would attract cancellation of exemption.

(2.) It appeared to the Government that there was unauthorised construction on the land and it was also recorded in the revenue record of village form 7/12. The panchanama showed that there was unauthorised construction in 4 acres of land of Survey No. 252 and I acre 33 gunthas of Survey No. 253 Therefore a show-cause notice was issued and after number of adjournments the Government passed an order cancelling the exemption.

(3.) The learned Counsel for the petitioner submits that the order has been passed in utter disregard and violation of the principles of natural justice and the provisions of Section 20(2) of the Act which contemplates giving of a reasonable opportunity of hearing to a person in whose favour the exemption was granted. It is submitted that the petitioner was never given any such opportunity of any show cause notice. It is submitted that the show- cause notice was issued to the son of the petitioner Chhagan Bhikhabhai and Annexures C D and E are relied upon to show the said service of notice. The petitioner has also submitted that notices were served to his son Chhaganbhai who stays with the petitioner but it is alleged that he is not within the control and obedience of the petitioner and relations with him are strained and Chhaganbhai did not inform the petitioner about these notices.