NOORBIBI MALANGBHAI MANSURI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioners have challenged the order of the revisional authority dated 16 -8 -1988, confirming the order of the Collector made on 3 -7 -1987, by which the unauthorized construction made on 1500 sq. mtrs. of land of survey No. 825 part of village Bapod was ordered to be removed on the ground that the construction was made without obtaining the requisite permission under Section 65 of the Bombay Land Revenue Code.

(2.) to 3. xxx xxx xxx

(3.) During the proceedings, the petitioners relied upon the government resolution dated 27 -8 -1980, a copy of which is at Annexure "E" to the petition. If the construction was in accordance with the Town Planning Scheme, Building Regulations, Ribbon Development Rules etc., then, for not obtaining permission of non -agriculture use, penalty of 40 times of the annual non -agricultural assessment was to be levied, as provided in paragraph 3(1)(a) of the Resolution dated 27 -8 -1980.