M P GANDHI Vs. BABBAR COLLECTOR RAJKOT

JUDGEMENT

(1.) The petitioner had applied for allotment of land for the purpose of small scale industry from the respondent-Government out of government Kharaba land being S. No. 261 of village Bedi of Rajkot taluka. The application of the petitioner was granted for plot No. 10 admeasuring 2000 sq. yds.

(2.) The peititioner submitted plans for the purpose of construction of industry premises which he wanted to run in the name of Jyoti Plastic Industry on 24.4.1978. After submission of the plans by the petitioner respondent No. 1 issued the first show cause notice stating that there was breach of condition No. 3. This notice was issued on 6.4.1979 which was replied on 20.4.1979. Respondent No. 1 Collector after considering the facts and circumstances and the grounds stated in the reply had withdrawn the show cause notice. The contention of the petitioner in the reply was that he had never received the order granting plot No. 10 to him passed on 12.6.1968. The show cause notice alleged that condition No. 3 enumerated in the said order dated 12.6.1968 was not complied with. According to condition No. 3 the petitioner was obliged to submit building plans for construction of industry premises with site plan within 3 months alongwith report of the factory inspector. Respondent No. 1 Collector found in favour of the petitioner holding that the reply in response to the first show cause notice was reasonable and acceptable. Therefore the show cause notice came to be withdrawn on 31.8.1979.

(3.) Again a second show cause notice was issued on 30.11 It was contended by the petitioner by filing a reply that he raised the same contentions. He inter alia contended that he had never received a copy of the order of allotment of plot dated 12.6.1968; that he had never received Sanad of the plot and therefore it was not possible for him to comply with alleged condition No. 3. The contention of the petitioner was not accepted by respondent no. 1 by passing an order on 30.1.1982. Respondent No. 1 held that the petitioner should pay penalty of 10 paise per sq. mt. on the agricultural assessment. He calculated total amount of Rs. 8 360 Thus penalty was accordingly imposed. However instead of forfeiting the plot for non-compliance of the condition after imposing penalty two years extension was granted for the purpose of construction of industrial premises in plot no. 10