RAIYABHAI ARJANBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner is aggrieved by an order dated 21/08/1980 (Annexure 'D' to the petition) passed by the competent authority. By that order, the petitioner's form No. 'I' has been finalised and out of the total holding of 1934.13 sq. mts. of land, the petitioner has been permitted to retain the land upto 1000 sq. mts. as per the ceiling limit for Ahmedabad urban agglomeration and 934.13 sq.mts. has been declared to be surplus land and a draft statement was issued on 18/06/1980. The petitioner filed his petition on 13/07/1980 and submitted that as there is electric grid line passing over the land, the land to the extent of 1027.24 sq.mts. was useless for any construction and, therefore, it cannot be treated as vacant land. The authority has rejected that contention.

(2.) The petitioner submits that the order of the competent authority does not record any reasons; it is not a speaking order and, therefore, it is illegal. Secondly, it is submitted that under the building permission granted by the Municipal Corporation, there is a specific condition that no construction should he made within 10.66 mts. of the grid line and the petitioner is, therefore, required to keep the land to the extent of 1027.24 sq. mts. as totally vacant because the Municipal Corporation has put that specific condition of not putting up any construction on that part of the land.

(3.) The relevant definition is in Sec. 2(q)(i) of the Urban Land (Ceiling & Regulation) Act, 1976 which reads as under :