STRONG STEEL LIMITED Vs. SECRETARY

JUDGEMENT

(1.) Challenge in this writ-petition under Article 226 of the Constitution of India by the petitioners is to the order dated 31st July, 1987 passed by respondent No.2, whereby construction carried out by the petitioners over the subject land is held to be without approved plan and Rajachitthi.

(2.) The subject land is bearing Final Plot Nos. 371/1, 371/2, 371/3 and 371/4 admeasuring approximately 8800 sq. mts at village Saijpur Bogha, Tal. City, Dist. Ahmedabad. When non-agricultural use permission was not obtained and construction was made by the petitioners, action was initiated by the respondent authorities under section 66 of the Bombay Land Revenue Code ("the Code" for short) read with Rule 100 of the Code.

(3.) The Deputy Collector by order dated 31.07.1987 imposed fine of Rs.35,200/- under section 66 of the Code read with Rule 100 of the Land Revenue Rules, by applying the formula. The Deputy Collector, by the very same order ordered levy of Rs.17,600/- towards conversion tax under section 67A of the Code. The Deputy Collector further directed the petitioners to remove the unauthorized construction or to get the plan approved from the Ahmedabad Municipal Corporation and to obtain necessary certificate under the Urban Land (Ceiling & Regulation) Act, 1976.