PATEL PURBAI HARJI Vs. KUTCH DIST PANCHAYAT

JUDGEMENT

(1.) The petitioners are the owner of land of Survey No. 188 of village Sukhpar taluka Bhuj admeasuring 4 acres and 10 gunthas. Out of this land the petitioners applied for permission for non-agricultural use of the land admeasuring 2 acres and 5 gunthas they obtained the permission as per order (Annexure B) dated January 30 1978 passed by the District Development Officer (DDO). District Panchayat Kutch-Bhuj. One of the conditions imposed upon the petitioner while granting N.A. permission is that a plot of land admeasuring 736.71 sq.mt. will have to be kept reserved for public purposes. It is an admitted position that this much area of the land comes to about 10% of the total area of the land permitted to be used for nonagricultural purposes. Therefore it means that about 7000 sq. mt. of land is permitted to be converted for non-agricultural use. It is also clear from the record of the case that the permission is granted to use the land for residential purpose. The petitioner has made it clear that he has sold away all other plots except the plot which is required to be kept reserved for public purposes.

(2.) The petitioners contend that condition No. 14 in the order by which he is required to keep the land admeasuring 736.71 sq. mt. reserved for public purposes is illegal and void and the respondent authorities had no right to impose such condition. The petitioners contend that in view of the provisions of of Section 67 of the Bombay Land Revenue Code no such condition could have been imposed. Section 67 of the Bombay Land Revenue Code reads as follows:

(3.) It is contended that the condition imposed is discriminatory inasmuch as in other cases no such condition is imposed. In this behalf averments are made in para 7 of the petition. The petitioners proceed on the footing that imposition of such conditions would amount to compulsory acquisition of land without paying any compensation whatsoever. It is stated in the petition that no such condition is placed any-where in the State of Gujarat and the people of village Sukhpur and particularly the petitioners are denied the equal protection of law guaranted under Article 14 of the Constitution.