D H LUHAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD Mr.Hardik Soni, learned counsel under the authority of Mr.Harin P. Raval, learned counsel for the petitioners, Mr.L.R. Pujari, learned counsel for the respondent No.1 and Mr.H.S. Munshaw, learned counsel for the respondent No.2.

(2.) SHORT facts necessary for disposal of the present writ application are that in relation to part of land of Survey No.248/2, non agricultural use permission was applied for and accordingly 1 Acre and 6 Gunthas of land were permitted tobe used for non -agricultural purpose under order dtd.9/1/1967. On 21/7/1982, the petitioners purchased land by a registered document and thereafter made an application to the Nagar Panchayat, Lakhtar for granting permission to construct. The said permission was accorded by the Nagar Panchayat vide their letter dtd.21/7/1982. It is to be noted at this stage that the first non -agricultural permission was for residential purposes. However, the petitioners made construction of one shed admeasuring 15 mtrs. X 9 mtrs. And a office room of the size of 15 ft. X 15 ft. by spending, as alleged by the petitioners, a sum of Rs.60,000/ -. It appears that the property was purchased by a partnership and the said partnership came to be dissolved on 1/4/1990 and since thereafter, the petitioner No.4 Arvindbhai Hargovindbhai is carrying on the business in the said premises in the name and style of Arvind Industries as the sole proprietor. On 6/1/1994 the respondent No.2 i.e. District Development Officer, District Panchayat, Surendranagar issued a notice to the petitioners to show cause as to why the action be not taken against the petitioners for committing breach of non -agricultural use permission. The petitioners submitted their reply and showed their readiness and willingness to pay the penalty in view of the change of the user.

(3.) AFTER hearing the petitioner, respondent No.2, vide his order dtd.2/4/1994 held that the petitioners had committed breach of the non -agricultural use permission and had made themselves liable for removal / demolition of the construction raised by them.