JAYANT PAPER MILLS LTD. Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner-Company challenges the order dated 1-11-1985 at Annexure-A to this petition passed by the Government rejecting the application of the petitioner for an exemption under Section 20 of the Urban Land (Ceiling and Regulation) Act, 1976, in respect of the land in question.

(2.) The lands are situated in village Utaran in District Surat and the petitioner-Company has its Paper Mills in these lands. The lands were given to Western India Industrial Agencies Private Limited by Sanad dated 7-9-1951 issued by the Collector, Surat, a copy of which is at Annexure-C to this petition, for the purpose of starting a pulp and paper factory. The Sanad was allowed to be transferred in the name of the petitioner by an order dated 14-7-1961 issued by the Collector Surat, a copy of which is at Annexure-B to this petition and endorsement was made by the Collector, Surat, on 7-9-1961 below the original Sanad evidencing that it was transferred by the order dated 14-7-1961 in favour of the petitioner. There is no dispute about the fact that these lands were given for the said Industrial purpose and that the petitioner-Company is holding the said lands for the Industrial purpose for which they were given. According to the petitioner-Company the total built up area as on 28-1-1976 was 129904.56 sq. metres. The particulars are detailed in paragraph 5 of the petition. According to the petitioner, the entire land was utilised for the Industrial purpose and it was put to N. A. right from 1954.

(3.) The Surat Urban Development Authority came into existence in the year 1980 and before that, there was a village Panchayat which according to the petitioner did not have any building regulations regarding sanction of building plans by the authority. On coming into force of the said Act from 28-1-1976, the petitioner made an application on 9-9-1976 for an exemption under Section 20 of the said Act. The provisions of Section 20 empower the Government to exempt the vacant land from the provisions of Chapter III subject to such conditions, as may be specified, on being satisfied that it is necessary or expedient in the public interest so to do. The Government by its order dated 1-11-1985, a copy of which is at Annexure-A to this petition, rejected this application on the ground that despite several opportunities, the petitioner did not furnish the requisite particulars, namely, sanction of the plans of the building and the permission for construction granted in respect thereof as also the N. A. use permission. It was held in the impugned order that the information was sought for from the petitioner by letter dated 25-10-1982 followed by a reminder dated 8-12-1982 regarding the proof of authorised construction such as building plans, permission for construction (Raja Chitthy) and order permitting NA. use of the lands; but this information was not supplied even after the subsequent reminders dated 15-9-1983, 5-12-1983, 9-3-1984, 12-4-1984, 7-6-1984, 1-8-1984, 23-8-1984, 10-12-1984 and 3-1-1985. The Government found that instead of sending the above information the petitioner sent a letter on 12-1-1985 informing the Government that the Secretary, Housing and Urban Development Department was requested to change the zone. According to the petitioner, originally the lands were shown in agricultural zone but after the request was made by the petitioner they were shown as hazardous industries zone. The authority deciding the application under Section 20 held that even during personal hearing on 8-8-1985 the petitioner was not able to show any authorised construction plans, "Raja Chitthy", and the order granting N. A. use of the said lands.