MOHANBHAI KALABIA KAHARAK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present group of petitions under Article 226 of the Constitution of India are filed for the purpose of challenging the decision of respondent No.3 in granting development permission in favour of respondent No.2 for land bearing survey No. 244/1 admeasuring H1-Are44-24 sq. meters and H3-Are63-70 sq. meters situated at village- Mahuva.

(2.) This group of petitions are essentially challenging the development permission which has been granted and there are four petitions challenging the similar permission and as such, at the request of learned advocates, since common question of law and fact are arising, the same are requested to be disposed of together. As a result of this, the same are dealt with by common judgment and order by treating Special Civil Application No.19572 of 2015, as a lead matter.

(3.) However, the facts in brief are that so far as Special Civil Application No.19572 of 2015 is concerned, it is the case of the petitioner that originally land bearing Survey No.244/1 which is an agricultural land, jointly owned and occupied by the original owner and agriculturist Kalabhai Lakhmanbhai and Mulji Maya. Subsequently, due to the sad demises of Kalabhai Lakhmanbhai on 02.02.1959, the legal heirs of Kalabhai Lakhmanbhai i.e. Haribhai, Bhanabhai, Mohanbhai, Gafulbhai and daughter Kunverben came to be mutated in the revenue records being revenue entry No.1028 in respect of land bearing Survey No.244/1 and Survey No.233/p.