SANDHI HUSEN ALARKHA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) AS both the matters are inter -connected and common questions arise for consideration, they are being considered by this common judgement.

(2.) THE short facts of the case are that the Plot Nos.48 and 49 were allotted to the petitioners, admeasuring 83.82 sq. mtrs., each for residential purpose as per the order dated 5.8.1988. The proceedings were initiated by the District Collector against the petitioners on the ground that they have committed breach of the conditions of the allotment of not to use the residential premises for any other purpose, but in spite of the same, as the petitioners were allegedly using the premises for poultry farm together with the residence, the petitioners were called upon to show cause as to why the land should not be forfeited. The petitioners submitted reply and contended, inter alia, that the aforesaid activity is with a view to maintain the family and in one room the petitioners are already residing. It has also been stated that it is a house -hold activity and, therefore, the matter may be sympathetically considered and the land may not be forfeited and the action may be regularised, if ultimately it is found that there is a breach.

(3.) THE District Collector thereafter passed the order on 21.3.1995, whereby the fine of 40 times revenue was imposed for breach of the condition and the petitioners were directed to stop the activity of poultry farm in the residential house and if there is failure on the part of the petitioners to close down such activity, the order was passed for forfeiting the land. The petitioners carried the matter in revision before the State Government and the State Government as per the order dated 28th September, 1995 observed that as the use of house for poultry farm was admitted, the breach was proved and, therefore, the order of the Collector did not deserve to be interferred with and hence the revision was dismissed as per the order dated 28th September, 1995. It is under these circumstances, the present petition.