STATE OF GUJARAT Vs. TENSILE STEEL LTD

JUDGEMENT

(1.) The instant Appeal is directed against the judgment and order dtd. 4/12/2019 passed by the learned single Jude in allowing the writ petition seeking for quashing of the order dtd. 18/9/2019 passed by the Collector, Vadodara and further directing the respondent to grant non- agricultural use permission for the land-in-question, bearing Survey No. 428/1, included in the Town Planning Scheme No. 19, Final Plot No. 150 of Vadodara Kasba, Vadodara.

(2.) The brief facts, relevant to decide the controversy at hands, are that the land-in-question bearing Survey No. 428/1 admeasuring 98901 sq.mtrs. was granted on lease to the original petitioner/respondent herein vide order dtd. 14/11/1960 passed by the Collector, Vadodara. The possession was handed over to the respondent/original petitioner on 23/3/1961 and on 30/11/1961, an agreement came to be executed between the parties on certain terms and conditions enumerated therein. The relevant clauses 'f', 'g' and 'h' of the said agreement, which are the bone of contentions between the parties, are to be noted herein:-

(3.) As per the terms and conditions of the agreement, the company was bound to use the land-in-question only for the purposes of the nature specified in the specific conditions of Schedule-II. One of the conditions for grant was that the land is an unalienable tenure, which was, however, subsequently modified by office order dtd. 8/2/1962 issued by the Commissioner, Vadodara Division, Vadodara that the word 'unalienable' be substituted and replaced as 'alienable'. The result is that the respondent/original petitioner allottee got alienable right in the land-in- question subject to the conditions in Clauses 'f', 'g' and 'h', noted hereinabove.