RAJESH A SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Mr.A.J. Patel, learned counsel for the petitioner and Mr.A.Y. Kogje, learned counsel for the respondents.

(2.) Present is a petition by an entrepreneur who made an application to the State Government for allotment of almost about 6000 sq.yards of land for establishment, construction and development of hotel building in or around Saputara Hill Station in Dang District.

(3.) Somewhere in the year 1987, the State Government came out with a policy that for development of Saputara Hill Station, land would be allotted to the entrepreneur so that not only the area is developed but even the work is afforded to / offered to the natives. The petitioner made an application on 31/1/1987 for allotment of the land. It appears when 1987 policy was in vogue, some other persons also made similar applications, their applications were considered and certain parcels of lands were allotted in their favour. The said allotments were made in the year 1988. However, the application of the petitioner remained undecided and no orders on the same was made. After learning that some parcels of lands have been allotted in favour of other applicants, the petitioner made certain representations to the State Government, but, did not come to this Court on the ground of discrimination or claiming equal rights. His representations were not considered. Being undeterred by the non-consideration, petitioner went on making representations. It appears that before the application of the petitioner could be considered, 1987 policy was done away with and 1992 policy came in force. The State Government, after coming into effect of 1992 policy, informed the petitioner that his application now could not be considered. Being aggrieved by the non-consideration of the application right in time and rejection of the application in view of 1992 policy, the petitioner is before this Court.