PANDYA D MAGANLAL Vs. COLLECTOR & 2

JUDGEMENT

(1.) This group of 7 petitions arise from notice dated 25.8.1995 issued by respondent No.1. All the aforesaid petitions contain almost similar facts and the relief prayed for in the petitions are also similar, i.e., in all the petitions the petitioners have approached against notice dtd. 25.8.95 and have prayed for quashing and setting aside of the said show cause notice and the respondents are also common in all the petitions. Therefore the petitions are disposed of by this common order.

(2.) For the sake of convenience, the facts from the first petition, i.e., Special Civil Application No. 9656/1995 are stated. The facts in other petitions vary to limited extent as regard the date of receipt of lease deed and/or lease period, while the respondent authority who granted the lease is common in all petitions. In S.C.A. No. 9656 of 1995, it is stated by the petitioner that the petitioner is resident of Radhanpur and had tendered an application on 26.3.1993 to take certain land on lease. The petitioner had requested for lease in respect of land admeasuring about 58.80 sq.mtrs. situate in City Survey No. 2491. The petitioner has stated that respondent No.3 granted permission for lease of the land in favour of the petitioner by order dated 7.5.93 for 3 years w.e.f.,3.5.93, on the conditions mentioned in the order granting lease.

(3.) The Condition No.2 of the orders granting lease required that it will not be permissible for petitioner to put up any type of construction without prior permission from Panchayat and that therefore the petitioner was not able to put up construction on the land for which it was granted lease. Thus, to overcome the said hurdle the petitioner made an application seeking permission for construction. In pursuance of the applications by the petitioners the respondent No.1 Municipal Borough, after taking into consideration the Ribbon Development Rules, granted permissions for construction.