GOVINDBHAI NANJIBHAI MEKHIYA Vs. JOINT SECRETARY REVENUE DEPARTMENT

JUDGEMENT

(1.) Rule. Mr.Desai, learned AGP waives service of notice of rule on behalf the respondent authorities and with the consent of the parties the matter is taken up for final hearing today.

(2.) The short facts of the case are that the petitioner applied for conversion of the land for non-agricultural purpose in the year 1998 and thereafter on 11.1.1989 the permission for non-agricultural purpose was granted. The petitioner had to complete the construction as per the conditions of N.A. within a period of three years from the date of the order, which would come to 1992. It appears that in the year 1996 the petitioner applied for approval of revised lay-out plan by changing the location of the plots and in response that to, instead of considering the said application, show-cause notice was issued by the respondent No.2 for breach of the condition of N.A. of not completing the construction within the stipulated time limit. The petitioner submitted reply. Ultimately on 27.5.1998 the Collector, Amreli passed the order for imposing the penalty of 40 times of the revenue assessment being Rs.24,284/=. The petitioner carried the matter before the State Government in revision which ultimately came to be rejected and under the circumstances, the petitioner has approached this Court by preferring this petition.

(3.) Heard Mr.Parikh, learned Counsel for the petitioner and Mr.Desai, learned AGP for the respondents.