Gujarat High Court
Jayeshbhai Vastupadbhai Shah vs State Of Gujarat on 11 February, 2025
NEUTRAL CITATION
C/SCA/5698/2020 JUDGMENT DATED: 11/02/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 5698 of 2020
FOR APPROVAL AND SIGNATURE:
HONOURABLE MRS. JUSTICE MAUNA M. BHATT
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Approved for Reporting Yes No
No
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JAYESHBHAI VASTUPADBHAI SHAH & ANR.
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR SP MAJMUDAR(3456) for the Petitioner(s) No. 1,2
TEJAS K MOTWANI(8499) for the Petitioner(s) No. 1,2
(MR DHIRENDRA MEHTA)(458) for the Respondent(s) No. 3
MR MAYANK CHAVDA, LD.ASSTT. GOVERNMENT PLEADER for the
Respondent(s) No. 1
MR RAKESH R PATEL(3239) for the Respondent(s) No. 2
NOTICE SERVED BY DS for the Respondent(s) No. 3
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CORAM:HONOURABLE MRS. JUSTICE MAUNA M. BHATT
Date : 11/02/2025
ORAL JUDGMENT
1. Rule. Learned Assistant Government Pleader Mr.Mayank Chavda waives service of Rule on behalf of respondent No.1 and learned advocate Mr.Rakesh Patel waives service of Rule on behalf of respondent No.2.
2. This petition is filed by the petitioners challenging an Page 1 of 4 Uploaded by DIPTI PATEL(HC00191) on Tue Feb 18 2025 Downloaded on : Tue Feb 18 21:27:45 IST 2025 NEUTRAL CITATION C/SCA/5698/2020 JUDGMENT DATED: 11/02/2025 undefined order dated 25.10.2019 passed by respondent No.2 - Navsari Urban Development Authority under which, the development permission sought by the petitioners for the subject land, has been rejected. The reason stated in the said order dated 25.10.2019 is pendency of report under section 84(C) of The Gujarat Tenancy and Agricultural Lands Act,1948.
3. Learned advocate Mr.S.P.Majmudar for the petitioners at the outset submitted that facts referred in Special Civil Application No.15240 of 2019 and in this petition are identical. In Special Civil Application No.15240 of 2019, the order of Collector initiating Suo-moto proceeding for cancellation of mutation entry and order of SSRD dated 14.08.2019 was challenged.
4. In view of the order of even date in Special Civil Application No.15240 of 2019, the order dated 25.10.2019 is also needs to be revisited. Learned advocate submitted that the only ground of non-granting the development permission to the petitioners is on account of pendency of report, as directed by the Collector under section 84(C) of Gujarat Tenancy and Agricultural Land Act. Now, in view of the order dated 26.11.2021 Annexure "I" (Page-129) wherein, the authority has decided to drop the inquiry proceeding in view of nature of land being non-agricultural, rejection of application of the Page 2 of 4 Uploaded by DIPTI PATEL(HC00191) on Tue Feb 18 2025 Downloaded on : Tue Feb 18 21:27:45 IST 2025 NEUTRAL CITATION C/SCA/5698/2020 JUDGMENT DATED: 11/02/2025 undefined petitioners by not granting the development permission basis the report, would not survive and therefore, appropriate direction may be issued to respondent No.2 - Navsari Urban Development Authority to reconsider the said application.
5. On the other hand, the above factual aspect could not be disputed by learned Assistant Government Pleader appearing for the respondent- State Authority. Noticing the order of even date in Special Civil Application No.15240 of 2019, wherein this Court has quashed and set aside the order of Collector dated 06.06.2019 and order of SSRD dated 14.08.2019, in the opinion of this Court, order of respondent No.2 - Navsari Urban Development Authority dated 25.10.2019 needs to be reconsidered keeping in mind the inquiry report dated 26.11.2021 (Page-129) passed under section 84(C) of The Gujarat Tenancy and Agricultural Lands Act,1948.
6. Learned advocate Mr.Rakesh Patel for respondent No.2 submitted that in view of order dated 11.02.2025 passed in Special Civil Application No.15240 of 2019, respondent No.2- Navsari Urban Development Authority will reconsider the same and they have no objection in reconsidering the application seeking development permission preferred by the petitioners.
7. In view of the above, following order is passed.
Page 3 of 4 Uploaded by DIPTI PATEL(HC00191) on Tue Feb 18 2025 Downloaded on : Tue Feb 18 21:27:45 IST 2025NEUTRAL CITATION C/SCA/5698/2020 JUDGMENT DATED: 11/02/2025 undefined
(i) The order dated 25.10.2019 passed by respondent No.2 -
Navsari Urban Development Authority rejecting the application seeking development permission of the petitioners is hereby quashed and set aside.
(ii) Respondent No.2 - Navsari Urban Development Authority is directed to reconsider the application preferred by the petitioners seeking development permission afresh in light of the order dated 26.11.2021 passed under section 84(C) of The Gujarat Tenancy and Agricultural Lands Act,1948.
8. With this, the present petition is disposed of. Rule is made absolute to the aforesaid extent. No costs.
(MAUNA M. BHATT,J) DIPTI PATEL Page 4 of 4 Uploaded by DIPTI PATEL(HC00191) on Tue Feb 18 2025 Downloaded on : Tue Feb 18 21:27:45 IST 2025