D H ANDSONS ENGINEERS Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Mr. Prachhak, learned A.G.P. waives service of rule for respondent nos.1, 2 and 3. With the consent of the learned Advocates appearing for both the sides, the matter is taken up for final hearing on today.

(2.) . Short facts of the case are that the petitioner was granted land admeasuring 1316 sq mtr bearing survey no.235 of Village Valavad, Tal Shihor vide order dtd.23.12.1996 of the District Collector. It appears that the petitioner thereafter deposited the amount as fixed by the District Collector at the rate of Rs.32 per sq mtr and the possession of the land was also handed over. It also appears that there was the difficulty to the petitioner and as a result thereof the petitioner could not complete the construction of factory within the stipulated time limit. It appears that thereafter since the construction was not completed within the stipulated time limit the proceedings were initiated and ultimately on 28.08.2003, the order came to be passed by the Collector whereby for breach of the condition of not completing the construction within the stipulated time limit and for using the land for industrial purpose, the land was ordered to be taken back. It appears that the petitioner carried the matter before the State Government by preferring revision and the said revision came to be dismissed and the order of the District Collector was confirmed. It is under these circumstances, the petitioner has approached to this Court by preferring this petition. Heard Mr.Prajapati, learned Advocate for the petitioner and Mr.Prachhak, learned A.G.P. for the respondent authority. It is has been stated that on 14.03.2005 when this Court considered the matter for the first time the statement was made by the learned Advocate for the petitioner that the petitioner is ready to pay the difference of the rate prevailing now and the rate at which the land has been allotted to the Government if the matter is considered for extension of time. In response to the aforesaid order dtd.14.03.2005 passed by this Court today Mr.Prachhak, learned A.G.P. has placed on record the valuation made by the District Valuation Committee of the land in question and as per the report dtd.05.04.2005 received by him from the office of the Collector, valuation of the land is assessed at Rs.42 per sq mtr and the said report is taken on record. Therefore, it appears that there is no dispute on the point that the petitioner has made payment when the land came to be allotted to him earlier at the rate of Rs.32 per sq mtr, and, therefore, in view of the report of the Valuation Committee referred to hereinabove the difference of the valuation would come to Rs.10 per sq mtr.

(3.) The question which is required to be considered is as to whether the order for forfeiture was required to be passed by the Collector for the breach of the condition of not making the construction within the stipulated time limit and using the land for industrial purpose or whether the Collector was required to consider the matter by exercising the discretion for extension of time by imposing penalty upon the petitioner and to give the opportunity to the petitioner to complete the construction and to make the use of the land for industrial purpose for which it was granted. In view of the decision of this Court reported at 1197 (2) GLH 633 in the case of Dahyabhai Lalsas (through his legal heirs and representative Vs.The State of Gujarat,the condition for completing the construction within the stipulated time limit is held to be directory and not mandatory.