JAYANTILAL GOVINDJI KUNDLIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Petitioner No. 1 is the owner of land of part of Survey No. 451 of Rajkot admeasuring 8094 sq. mts. Petitioner No. 2 is a proposed housing Co-operative Society. The petitioners applied for exemption under Sec. 20 of the Urban Land (Ceiling & Regulation) Act 1976 (hereinafter referred to as the Act) in respect of the land owned by petitioner No 1. The application for exemption has been rejected by the Government as per its order dated 8/04/1986 produced at Annexure-B to the petition. The petitioners challenge the legality and validity of this order.

(2.) In respect of this very lard petitioners had obtained permission under Sec. 21 of the Act for constructing dwelling units for the accommodation of the weaker section of the society. Even after obtaining the permission as stated above the petitioners did not construct dwelling units for the weaker section of the society. However the petitioners applied for exemption under Sec. 20 of the Act. In view of this factual position it is observed in the order that the application lade bona fide. Moreover the land was required for construction of houses by Gujarat Housing Board and therefore it is considered that it would not be in public interest to grant exemption. It is also held that if the exemption is not granted no hardship would be caused to the owner of the land i.e. petitioner No. 1. As the owner of the land is desirous to dispose of the land by way of sale if exemption is granted no public interest would be served. For the aforesaid reasons the application has been rejected.

(3.) The learned Counsel for the petitioners submits that grant of permission under Sec. 21 of the Act for construction of houses for weaker section of the society cannot be treated as a ground for rejection of the application seeking exemption from the operation of the Act in his submission as per Government Circulars persons who had obtained permission under Sec. 21 of the Act could also apply for exemption under Sec. 20 of the Act. That may be so. While considering application under Sec. 20 of the Act for exemption from the operation of certain provisions of the Act it cannot be said that application under Sec. 21 of the Act could not have been made. A holder of land is not disabled from applying for simultaneously for exemption under Sec. 20 of the Act and also for applying under Sec. 21 of the Act seeking permission to construct houses for weaker section of the society. Section 20 of the Act relates to the powers of the Government to exempt vacant land from the operation of certain provisions of the Act while Sec. 21 of the Act provides that in certain cases excess vacant land should not be treated as excess land. The underlying object and the considerations which should weigh with the Government while dealing with application under Sec. 20 of the Act and an application under Sec. 21 of the Act are quite different. While dealing with application under Sec. 20 of the Act the Government is required to take into consideration the following factors: