PUNJA GOKAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In these two petitions identical question arises and hence they are both heard and disposed of by this common judgment. The Petitioner in each of the petitions is the owner of agricultural land situated at the outskirts of Rajkot city. The petitioner in each of these two petitions applied for granting permission to use the land for non-agricultural purpose. The permission was granted by the Collector on 2/02/1970 on condition that the construction would be completed within the specified time. The Sanad was granted on 31/01/1982 In neither case the petitioner carried out the construction as per the condition. Hence the Collector instituted a case against the petitioner in each case for contravening the condition of permission by not constructing over the land in question.

(2.) The petitioners ill both these petitions filed their reply to the show cause notice on 3/05/1977 The Collector disregarded the said reply to the show cause notice as according to him the same was filed beyond time. By his order dated 18/05/1977 he held that the petitioner in each case had committed breach of condition laid down in the permission granted for non-agricultural use of the suit land. He therefore held that each petitioner was liable to pay an amount equal to 10 times the assessment by way of penalty which amounted to Rs. 6368. 89 p. He directed that the said amount of penalty be recovered forthwith.

(3.) Against the said order of the Collector the petitioner in each case filed a Revision Application before the Special Secretary Government of Gujarat on various grounds including the ground that the Collector has passed the order without giving the petitioner an opportunity to be heard in his defence and that his reply to the show cause notice has been wrongly disregarded. The Special Secretary upheld the finding of the Collector as regards the breach of condition to construct and modified the Collectors orders in respect of the amount of penalty payable directing that the penalty be calculated on a different basis. Calculating the amount of penalty at the rate directed by the Special Secretary the amount came to Rs. 1910.40 p. in each case. Against the said order of the Special Secretary the petitioners have come to this Court under Article 227 of the Constitution of India.