AMBABEN BAVABHAI JADAV Vs. V V RAMSUBARAO

JUDGEMENT

(1.) This is a petition by a lady citizen challenging the order Annexure C passed by the Collector Bulsar on 14-5-75 which came to be confirmed by the Special Secretary of the Government of Gujarat by his order Annexure D dated 17-11-75 in the revisional proceedings before the Government.

(2.) A few facts require to be stated. There was an agricultural piece of land forming part of S. No. 51/1 situated in the sim of village Dehali of Umbargaon Taluka The petitioner also owns the adjacent S. No. 48 which is utilised for the purpose of agriculture. For putting up some structures in the parcel of land forming part of S. No. 51/1 the petitioner had sought permission from the Taluka Development Officer Bulsar. The said permission was for N. A use. The permission appears to have been sought on 6-4-70 ai could be gathered from the Collectors order Annexure C though the petitioner asserted that the permission was sought for on 3 68 For With of any definite material in this regard the statement of the Collector in the order Annexure C that the application for permission was made on 6-4-70 is accepted.

(3.) After giving the application for converting the agricultural land into N. A. land the petitioner land-lady did not wait and went ahead with the construction. In the year 1974 the revenue authorities took from her an undertaking in the form of agreement Annexure E whereby she agreed that as and when called upon to remove the allegedly offending structures she would do so. Soon after the said agreement was taken from her she was called upon to make payment for regularising those offending structures offending the so-called Ribbon Development Rules. She was called upon to pay Rs. 6009.00 being 50% of the composition fees and Rs. 421.00 by way of penalty for using the agricultural land for N. A. purposes without the requisite permission. She was given a notice to show cause why the structure in so far as it offended the alleged Ribbon Development Rules should not be pulled down because of her unwillingness to pay the amount of Rs. 6421/- against the payment of which the relaxation from the operation of the said Ribbon Development Rules was thought to be granted. Ultimately the order came to be passed by the Collector on 14-5-75. It is Annexure C to the petition. The petitioner filed a revision application under sec. 211 of the Land Revenue Code to the Govt. but the Collectors order came to be confirmed.