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1994 Supreme(Guj) 50

A.N.DIVECHA
KANAIYALAL MANEKLAL SHETH – Appellant
Versus
COMPETENT AUTHORITY and ADDITIONAL COLLECTOR – Respondent


Advocates Appeared: D.C.DAVE, J.R.Nanavati, M.C.BHATT, MEHUL SHARAD SHAH, P.S.CHAMPANERI

A. N. DIVECHA, J.

( 1 ) THE main question arising in all these petitions is common and it is to the effect as to what conditions can be imposed by the competent Authority while approving the Scheme under Sec. 21 (1) of the Urban land (Ceiling and Regulation) Act, 1976 (the Act for brief ). Since common question of law and fact arise in all these four petitions, I have thought it fit to dispose of all these four petitions by this common judgment of mine.

( 2 ) THE facts giving rise to these petitions move in a narrow compass. Each petitioner applied for permission under Sec. 21 (1) of the Act in the prescribed form. By his order passed on 30th October 1979 in each case, respondent No. 1 granted such permission to each petitioner. Its copy is at Annexure-A to each petition. It was accompanied by certain conditions separately annexed therewith. Condition No. 3 thereof inter alia required the petitioner in each petition to commence construction within one year from the date of the order and to give intimation regarding commencement of the construction work to the concerned superintending Engineer. It appears that no intimation regarding commencement of the construction work was given to


























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