LALITSHANKER THAKORBHAI DESAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Petitioners have moved this Court under Art. 226 of the Constitution of India challenging the validity of the order Annexure I dated 25/02/1987 rejecting their application for exemption under Sec. 20(1) of the Urban Land (Ceiling & Regulation) Act 1976 (hereinafter referred to as the Act).

(2.) Petitioner No. 1 holds lands admeasuring 10 143 Sq-mtrs. bearing S. No. 140 of village Majura City Survey No. 722 and Final plot No. 59/1 of Town Planning Scheme-9. Out of these lands held by petitioner No. 1 exemption under Sec. 20(1) of the Act was claimed in respect of 8361 Sq-mtrs. of lands after completing sale in favour of Dhaval Co-operative Housing Society petitioner No. 2 herein. The State Government has by the impugned order refused to grant exemption on the following grounds namely (i) the land in question was needed by the Government for public purpose; (ii) petitioners had failed to establish undue hardship to the holder; and (iii) the request made by petitioner No. 2-Society was not in consonance with the provisions of the Act.

(3.) The State Government has issued guidelines which are at Annexure E to the petition for the purpose of granting exemption under Sec. 20(1) of the Act. It is provided therein that if the land in respect of which exemption was claimed was needed by the Government exemption shall not be granted. Section 20 confers powers on the State Government to grant exemption and sub-sec. (1) thereof which is relevant for our purpose reads as follows: