STATE OF GUJARAT Vs. VILJI M BALDANIA

JUDGEMENT

(1.) The petitioner, State of Gujarat, challenges the order passed by the Additional Chief Secretary (Appeals), Revenue Department, Government of Gujarat, Ahmedabad, on 3.10.1998, in SRD/JMN/Kutch/18/97.

(2.) The said revision was preferred under Section 211 of the Bombay Land Revenue Code to challenge the order of the Collector, Kutch at Bhuj, dated 29.10.1996. The Collector's order was in respect of an application made by the respondent for regularizing the excess measurement of land which was granted to his father in the year 1962. There was increase in the measurement due to subsequent survey settlement and, therefore, he made an application in the year 1978 for regularizing the excess measurement in light of Government Resolution dated 7.5.1977. The Collector was of the view that the Government Resolution of 1977 would not be applicable to the applicant's case and he will have to pay penalty of 2.5 fold of the market price. The respondent, therefore, preferred revision application, which came to be partly allowed by the Additional Chief Secretary by the impugned order, where a view was taken that the Government Resolution of 1977 would be applicable to the applicant's case and the Collector should take a fresh decision after examining, whether there is any encroachment, or whether there is excess measurement, and if there is encroachment, whether it is removed or not. The State is aggrieved by the said order and has preferred this petition.

(3.) The petition came to be preferred in the year 2004 to challenge the order of October, 1998, that is almost after five to six years.