PRATIMABEN JAGDISHBHAI SHAH Vs. ASHOK CHAVLA

JUDGEMENT

(1.) Heard learned counsel for the parties and perused Special Civil Application. The facts of the case in brief are that Part of the land of Survey No. 587, admeasuring 1827 sq. mtrs. situated at village Ataladara.District Vadodara was allotted to Milkiatsinh Narayansing Vide order dated 21-3-72 for industrial purpose, by the Collector of the District concerned subject to fulfillment of the conditions as laid down in the order of allotment. Two of the conditions are material for the disposal of this case which are (i) he shall pay Rs. 22,825/- the amount two and half times more of assessment, of occupancy rights and (ii) new tenure condition. First condition has to be complied with within one month from the date of receipt of the order of allotment. It is not in dispute between the parties, that the allottee has no right to transfer the land to third person without prior sanction of the Allotting Authority.

(2.) The allottee has transferred the land in question to the petitioner in the year 1973 on rent of Rs. 700/- p.m. which fact is also not in dispute between the parties. As the first condition was not complied with a notice was given by the competent authority to the allottee, in the year 1981 for cancellation of the allotment. It is also not in dispute, that in response to that notice the original allottee has not appeared but petitioner has appeared and was heard in those proceedings and allotment came to be cancelled for violation of first condition and other condition of transferring of the land without prior aproval of the competent authority. Against the order of cancellation of allotment of demised plot the petitioner preferred an appeal before the State Government but that too was also dismissed on the ground of limitation though the authority has also gone on the merits of the matter. Hence this Special Civil Application.

(3.) Reply to the Special Civil Application has been filed by the respondents. The petitioner has come up with the case in Special Civil Application that after taking the aforesaid land from the allottee she has started industry thereon in the name and style of Saral Rolling Shutters and is manufacturing rolling shutters. The petitioner has started the factory in the year 1973. The petitioner installed machinery worth of Rs. 2,00,000/- and has further incurred about Rs. 30,000/- to Rs. 40,000/- in construction of the building of the factory. The petitioner has employed 7 to 8 persons in the factory. The aforesaid facts have not specifically been disputed by the respondents in the reply. In para 6 of the reply the respondents have come with the case that