ANIRAPPA RACHAPPA BALI Vs. COLLECTOR SOLAPUR

JUDGEMENT

(1.) BY this petition, the petitioner, under article 226 of the Constitution of India, takes exception to the order dated April 15, 1986 passed by the Collector of Solapur withdrawing exemption granted to the petitioner under section 20 of the Urban Land Ceiling and Regulation Act, 1976, (for short, the Act).

(2.) THE petitioner is the owner of an agricultural lands bearing survey nos. 32-A and 33/1/1-B/2 situated at village Dahitne Taluka North Solapur, District-Solapur. Though the said lands are situated outside the limits of the municipal Corporation of Solapur, there is no dispute that they are within the Urban agglomeration of city of Solapur. On December 12, 1978, the petitioner made an application to the Collector of Solapur under section 20 of the Act for granting exemption on the ground that the lands are agricultural lands and they are the only source of their livelihood and therefore the acquisition of the petitioner's lands under the Act will cause serious hardship to the petitioner. THE application came to be granted vide order April 30, 1982. Under the order the exemption was granted for one year. However, it is made clear that the exemption will remain in force till it is revoked by a notice of District Collector.

(3.) WE find considerable substance in the grievance of the petitioner that the order has been passed without granting personal hearing to the petitioner. It is now well settled that before taking any action which involves civil consequences, the authority must give a prior hearing to the affected persons. In our opinion, the Collector was not right in withdrawing the exemption without affording a personal hearing to the petitioner. On this short ground, the impugned order is liable to be set aside.