CHANDRAKANT M PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) MR .S.R. Patel, learned counsel for the petitioner and Mr.R.S. Kodekar, learned Assistant Government Pleader for the respondents.

(2.) PRESENT is a petition by petitioner Chandrakantbhai Manoharbhai Patel challenging the orders dtd.13/11/1992 passed by the Collector who directed demolition of the construction raised on the plot in dispute and order dtd.5/6/1996 passed by the State through Dy.Secretary (Appeals), Revenue Department in Revision Case No.SRD/BKP/Kheda/67 of 1994, rejecting the revision petition filed by the petitioner and approving the order passed by the Collector.

(3.) SHORT facts necessary for disposal of the present writ application are that the petitioner owns certain agricultural land within the jurisdiction of the Collector, Kheda. After promulgation of Town Planning and Urban Development Act, 1976 ("Town Planning Act"), the construction were also to be made after seeking permission under sec.29 of the Town Planning Act. The petitioner made an application to the concerned Town Planning Officer, who, by his order dtd.7/5/1985, granted permission to the petitioner to raise construction in accordance with the plans submitted with the application specifying that on Sub Plot Nos.A/3 and A/4 of Final Plot No.476 of Town Planning Scheme No.2, the petitioner would be entitled to raise construction as per the plans. However, the petitioner did not do anything. Thereafter, the petitioner again made an application for grant of permission to raise construction in accordance with revised plan. Vide order dtd.28/4/1986, the Town Development Officer / Authority, Anand granted permission observing that the petitioner would be entitled to raise constructions in accordance with the revised plan on Sub Plot Nos.A/3 and A/4 of Final Plot No.476 of Town Planning Scheme No.2, but, however, he would be obliged to take permission from the revenue officers in accordance with law before commencing the construction.