BABUBHAI SHIVRAMDAS PATEL Vs. THE STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition under Articles 226 and 227 of the Constitution of India, the petitioners have challenged the order dated 24/30/7/2007 passed by the Special Secretary, Revenue Department (Appeals) in Revision Application no.MVV/BKP/MSN/6/2007, whereby the Secretary stay granted vide order dtd. 4/4/2007 has been vacated.

(2.) Facts which can be culled out from the record of the petition are as under:

(3.) The original owners of revenue survey no. 706, 714, 704/1 of Unjha town applied for non agriculture permission which came to be granted by the Collector by 3 separate orders dtd. 28/4/1984. The record indicates that those 3 plots came to be purchased by a society known as Balojnagar Cooperative Housing Society. On an application made by the said subsequent purchaser i.e. the society, by an order dtd. 9/11/1984, all the 3 plots were aggregated/consolidated as survey No. 704/11 total admeasuring 3 acres and 35 gunthas. The record indicates that thereafter, the revised layout plan was sanctioned by the Collector vide order dtd. 24/5/1985. The society thereafter applied for development permission with the local authority namely Unjha Nagarpalika which was granted on 11/6/1985.