GODADBHAI RANCHHODBHAI GOTHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this application under Article 227 of the Constitution of India, the applicant has prayed for the following reliefs :

(2.) It appears from the materials on record that the applicant herein preferred an application dated 30th September 1994 addressed to the respondent no.2, i.e. the Collector, Banaskantha, with a prayer to allot Government Waste land at village Gadh, District Banaskantha, for the purpose of putting up an industrial shed. The applicant was desirous to setup a diamond cutting unit. In pursuance to the said application filed by the applicant addressed to the Collector, Banaskantha, the opinion of the Village Panchayat, Gadh, was called for. The Village Panchayat, vide resolution no.3 dated 30th April 1994, resolved that it had no objection if a portion of the land bearing Block No.1304 was allotted to the applicant for the purpose of putting up a diamond cutting unit. The Collector, Banaskantha, after due consideration, passed an order dated 18th January 1996, allotting 1393.85 sq.meters of land bearing Block No.1304 paiki subject to certain terms and conditions. One of the terms and conditions imposed by the Collector in its order was that the applicant had to commence the construction within six months from the date of the order and complete the same within two years.

(3.) It appears that the applicant herein failed to commence the construction. The applicant thereby committed breach of the condition imposed by the Collector in the order of the grant of the land. The applicant once again went before the Collector and prayed for extension of time. After due consideration of the matter, the Collector thought fit to grant one more opportunity to the applicant and extended the time period for further two years. This happened in the year 2002.