JANARDAN JAISHANKAR JOKHARKAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) IN the present petition, the petitioners have, inter alia, challenged order dated 11. 2. 1992 passed by Secretary in Case No. SRD/lakapa/st/1/89 whereby the said authority rejected present petitioners' revision application against the order dated 11. 2. 1989 passed by D. D. O. ,original and competent authority and confirmed the said order dated 11. 2. 1989 of the said authority.

(2.) THE facts, giving rise to present petition, are as follows; the petitioners are owners of land bearing Block No. 364 at Mandvi Taluka, Surat District. The petitioners had applied for "non-Agricultural Use"["na use"] permission for the said land and the competent authority by his order dated 15. 1. 82 granted NA use permission for 13,245 sq. mtrs. By the same order, the petitioners were also authorised to construct a cinema building in the area admeasuring 655 sq. mtrs. It is the case of the petitioners that pursuant to the said order and permission, the petitioners constructed cinema theatre and said assertion of petitioners is not disputed by respondents.

(3.) IT appears that subsequently the petitioners constructed a shopping centre on the balance open land in respect of which NA Use permission was granted. The said shopping centre came to be constructed by the petitioners in area admeasuring about 448 sq. mtrs.