DASHA SHRIMALI AND VANIK JAIN VIDYARTHI BHUVAN TRUST RAJKOT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner-Trust is a holder of vacant land situated within the urban agglomeration area of Rajkot. The petitioner applied under Sec. 20 of the Urban Land (Ceiling & Regulation) Act 1976 for exemption from operation of certain provisions of the Act The application has been rejected. Hence the petition.

(2.) Notice was ordered to be issued on 7/09/1987 in view of the amendment sought by the petitioner in the petition. By amendment it was specifically averred that the petitioner was not afforded an opportunity of being heard before passing the impugned order under Sec. 20 of the Act. However it appears from the record of the case that the petitioner had made further written submissions on 4/06/1986 As mentioned in the written submissions the petitioner was afforded an opportunity of being heard in person on 28/05/1986 Therefore the contention sought to be raised by way of amendment of the petition that the petitioner was not afforded an opportunity of being heard is based on incorrect facts. The petitioner has been afforded an opportunity of being heard in person. Therefore this contention fails.

(3.) The application under Sec. 20 of the Act has been rejected inter alia on the ground that the petitioner-Trust cannot be permitted to use the land for commercial purposes. The object for which the Trust is formed is not to carry on any commercial activity. The main object of the Trust is to carry on educational activities for secondary and higher education. Thus conversion of the Trust-property for commercial use would not be in consonance with the object of the Trust. Therefore if the application is rejected on this ground the same cannot be said to be in any way arbitrary or unreasonable.