ADALAJ PARK PLOT OWNERS Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of present petition, the petitioner herein seeks to challenge the order dated 21.03.1988 passed by respondent no. 2 herein, cancelling the NA permission granted to the petitioner association as well as order dated 10.10.1988 passed by respondent No. 1 herein, rejecting the Revision Application filed by the petitioner herein and thereby confirmed the order of respondent No. 2 herein.

(2.) BRIEF facts giving rise to the present petition are as under:

(3.) MR . Gaurav Mehta, learned advocate for Mr. Pinakin M. Raval, learned advocate for respondent No. 2 has submitted that the petitioner has preferred this petition after a lapse of period of 18 years and therefore, it is barred by limitation. It is not under dispute that originally lands in question belonged to Gemaji Motiji and it was converted for non -agricultural purpose under the provisions of the Code. Learned advocate for respondent No. 2 has submitted that according to the terms and conditions of the order dated 18.03.1982, the holder was expected to complete the construction work within three years from the date of said order. It can be seen from the record that holder has not started or completed construction, till expiry of three years of period. He further submitted that during the inspection of lands in question on 22.11.1987 by the field staff, it was found that only one room having iron roof was constructed and excavation was undertaken in 10 plots in the land of Block Nos. 595 and 605, leaving rest of the lands of Block Nos. 597 paiki, 598, 604, 605, and 609 as vacant and thus, it is clear from the record that neither original holder Shri Gemaji Motiji nor petitioner's association, who had purchased the suit lands, had cared to undertake construction as per approved plan.