PATEL CHHOTABHAI MADHAVBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In this group of 14 petitions which demonstrate common questions of law and facts, not much but every thing would depend upon the say of the Supreme Court in State of Gujarat v. Patel Raghav Natha, (1969) X GLR 992.

(2.) The question which was presented before the Supreme Court for consideration and decision was in respect of the time lag, during which the powers under Sec. 211 of the Bombay Land Revenue Code, 1879 could be exercised. The pronouncement takes into consideration the date of granting of the orders for the non-agricultural use, namely July 02, 1960, along with the date of the setting aside of the orders of the Collector, namely, 12th October, 1961. The pronouncement also takes into consideration the fact that, there is no period of limitation prescribed under Sec. 211 of the Code. After pointing out this Statutory position, the pronouncement goes further to say that this power must be exercised within a reasonable time and the length of the reasonable time must be determined by the facts of the case and nature of the order which is being revised. Any how the Apex Court also further says that Sec. 65 of the Code indicates the length of the reasonable time within which the revisional powers under Sec. 211 of the Code could be exercised. Ultimately, the pronouncement rendered by the Apex Court rules that, reading Secs. 211 and 65 of the Code, it seems very clear that these powers must be exercised within a few months of the passing of the orders sought to be revised. I would prefer to under-line the words exercise because as it would become evident, a little bit later, the learned Government Counsel Ms. Mandavia would like to urge that, even the initiation of the action under Sec. 211 of the Code or some preparatory work being done by the State Government, there before, would also be able to save the situation and the principles laid down by the Supreme Court in case of Raghav Natha (supra) would not be attracted.

(3.) The broad facts which would form the background for all these petitions are not in dispute. It appears that on December 22, 1977 the State Government had adopted a Resolution for introducing a suitable package of incentive, for the encouragement of the industries in the State after having undertaken a detailed study of various aspects, including the scope and the nature of the incentives. The basic idea of the State Government in adopting this Resolution was to formulate a policy for achieving the wider object of the development of small, medium and large scale industries in the rural areas of the State. This could have been done by affording an opportunity to the industries to grow. This could further only be done after giving certain incentive. The Resolution dated December 22, 1977 shows Annexure-I and carves out certain areas to which the incentives package formula would be applicable. Zone-I, Zone-II and Zone-III has been provided in the schedule. District of Vadodara with five Talukas thereunder, including the Taluka of Waghodia has also been shown under Zone-III. By a later Notification it was thought fit to establish the growth centres. Without going into much details in this respect, it must be said that Waghodia falling under the Vadodara District was also accepted as one of such growth centres.