ORGANIC CHEMICALS Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioners are intending to purchase survey Nos. 40 55 and 55/2 of village Fajalpur in Baroda District. These lands are situate on the bank of Mahisagar river and abut on ravines They are situate on the National High-way from Ahmedabad to Bombay Sukhabhai Himatbhai Natwarbhai Shabhai Balvantbhai Shabhai Kanaiyalal Ratilal and Kamalaben widow of Baldevbhai Ratilal are the intending vendors. The lands in questions are situate at a distance of 16 Kms from the limits of Baroda Municipal Corporation. They are therefore governed by Gujarat Vacant Lands in Urban Areas (Prohibition of Alienation) Act 1972 The petitioners applied under sub-sec. (3) of sec. 7 for exempting the lands in question from the provisions of the said Act That application was rejected by the Collector of Baroda by his order dated 14th April 1974. the petitioners appealed against that order to the State Government. The appeal was dismissed on 14th August 1974.

(2.) It is that order which is called in question by the petitioners in this petition.

(3.) Mr. B. R. Shah who appears for the petitioners has contended before me that the refusal on the part of the State Government to grant exemption in respect of the lands in question is contrary to law.