RUBAMIN LIMITED Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr. Mengdey, learned AGP waives notice of Rule for respondent Nos. 1 & 3 and Mr. Shastri, waives notice of rule for respondent No. 2. With consent of learned counsel appearing for the parties, the matter is finally heard today.

(2.) The short facts of the case are that the petitioner has purchased the property which includes land bearing Survey No. 153 of village Pratappura. It appears that the land prior to the purchase by the petitioner was held by the agriculturist viz. Chimanbhai Becharbhai, who applied for NA Permission, which came to be granted on 07.04.1982. After the permission for NA, on 12.04.1982, one Mr. Sunil Thakorlal Sheth and others purchased the land in question and thereafter, the second sale was effected to one Kalyanji Morarji on 20.02.1984 and the mutation entries were also certified. Thereafter, it appears that the State Government had passed the order on 24.08.1988 for cancellation of NA Permission on the ground that the land was new tenure and the same was converted into NA without payment of premium. It appears that the matter was carried before this Court by preferring Special Civil Application No. 8601 of 1989 and as per the Judgment dated 23.12.2004, this Court quashed the order for cancellation of NA on the ground that the revisional powers were exercised after the period of about 4 years by the State Government.

(3.) It appears that the petitioner applied for No Objection Certificate to the District Magistrate, Panchmahal as required under the Petroleum Rules for its business purposes and the District Magistrate issued the No Objection Certificate but on the condition that the petitioner shall pay the pending premium for conversion of the land bearing Block No. 113 & 114 of village Pratappura in accordance with the provisions of the Land Revenue Code and Rules and as per the guidelines of the State Government within a period of six months, otherwise, NOC will automatically stand cancelled. It is under these circumstances, the petitioner has approached to this Court by preferring the present petition.