SHAKTI CHEMICALS Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner is a partnership firm. The land situated in village Baska in Taluka Halol, Dist. Panchmahals was the subject-matter of nonagricultural permission granted on 3-10-1983 by the Taluka Development Officer, Halol to the erstwhile owner and occupant of disputed land. The Competent Authority and the Taluka Development Authority granted permission to convert the land into non-agricultural purpose and mutation entry No. 1411 came to be made in revenue record pursuant to the order of the T.D.O. It was also certified that the disputed land came to be sold by the erstwhile owner, to whom the permission was granted, to a commercial concern, who in turn sold to the petitioner by regular sale deed dated 21-9-1983 and mutation entry was also accordingly made and it was certified on 15-1-1983

(2.) Taluka Panchayat, Halol, granted the application of the petitioner under Sec. 67 of the Bombay Land Revenue Code to convert the purpose. The petitioner obtained financial advance from the Gujarat State Financial Corporation. The petitioner firm is registered as a small scale industry and also obtained registration certificate dated 27-9-1984.

(3.) The respondent, State of Gujarat, issued a show-cause notice to the petitioner firm after a lapse of three years for cancellation of non-agricultural permission to which petitioner replied. Thereafter, the respondent cancelled the permission by its order dated 6-3-1991 in 'suo motu' revision under S.211 of the B.L.R. Code.