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1994 Supreme(Guj) 343

Gujarat High Court
Judgename :SHARAD D.DAVE
PATEL CHHOTABHAI MADHAVBHAI - Appellant
Versus
STATE - Respondent
S.C.A. 4975 of 1983
Decided On : 12/05/1994

Advocates Appeared: JITENDRA M.PATEL, SEJAL MANDALIA

Headnote:(a) Bombay Land Revenue Code, 1879 - Secs, 65 and 211 - Revisional powers must be exercised with in reasonable time - Preliminary exercise by Govt. popularly known as spade work - Same would not amount to exercise of revisional powers under the provision.No decision says that some preliminary exercise to be done by the Government popularly known as `Spade Work would amont to the exercise of the powers within the meaning of Section 211 of the Code. Moreover, if initiation is to be taken into consideration, then also, as seen from the Table, it is definitely not within the time frame. The spade work or the inquiry by some Government officer would not tantamount to exercise of the powers under Section 211 of the Code. In view of this position even if it is accepted, disregarding the contention of the learned Counsel Mr. Patel that nothing was brought to the petitioner even during the course of the hearing, then also, all what is done by the revisional authority cannot be said to be the exercise within the time frame[Para 19](B) Bombay Land Revenue Code, 1879 - Sec. 65 - Conversion of the use of land from agriculture to non-agriculture - Change of purpose not envisaged under original order - Orders granting N.A. permission can never be said to be orders in nullity or orders void ab initio.Section 65 speaks of the conversion of the use of the land from agriculture to non-agriculture. The amended provisions under Section 65A of the Code prescribe the procedure if the occupant wishes to put to and use for his land to a different form of non-agricultural use not envisaged under the original Orders, This amendment is the Statutory recognition of a prevalent practice to obtain the permission on the change of the purpose. Merely because after obtaining the N. A. permission, after the sale of the lands to the third parties and after the construction of the factory buildings, the Government was of the opinion that this could not have been done, the orders granting the N. A. permission can never be said to be orders in nullity or orders void ab initio.[Para 17](C) Bombay Land Revenue Code, 1879 - Secs. 65 and 211 - Permission for the non-agricultural use - Revision against the order - Though no period of limitation is prescribed but provision under both sections clearly indicate that such power must be exercised with in reasonable time and the length of reasonable time must be determined by the facts of the case and nature of the order which is being revised.Though no period of limitation is prescribed under Section 211 of the Bombay Land Ravenue Code, this power of revision must be exercised in a reasonable time and the length of the reasonable time must be determined by the facts of the case and the nature of the order which is being revised.[Para 9]

DAVE, J.

( 1 ) IN this group of 14 petitions which demonstrate common questions of law and facts, not much but every thing would depend upon the say of the supreme Court in State of Gujarat v. Patel Raghav Natha, (1969) X GLR 992.

( 2 ) THE question which was presented before the Supreme Court for consideration and decision was in respect of the time lag, during which the powers under Sec. 211 of the Bombay Land Revenue Code, 1879 could be exercised. The pronouncement takes into consideration the date of granting of the orders for the non-agricultural use, namely July 02, 1960, along with the date of the setting aside of the orders of the Collector, namely, 12th October, 1961. The pronouncement also takes into consideration the fact that, there is no period of limitation prescribed under Sec. 211 of the Code. After pointing out this Statutory position, the pronouncement goes further to say that this power must be exercised within a reasonable time and the length of the reasonable time must be determined by the facts of the case and nature of the order which is being revised. Any how the Apex Court also further says that Sec. 65 of the Code indicates the length of the reasonable time within which the revisional powers under Sec. 211 of the Code could be exercised. Ultimately, the pronouncement rendered by the Apex Court rules that, reading secs. 211 and 65 of the Code, it seems very clear that these powers must be exercised within a few months of the passing of the orders sought to be revised. I would prefer to under-line the words exercise because as it would become evident, a little bit later, the learned Government Counsel Ms. Mandavia would like to urge that, even the initiation of the action under Sec. 211 of the Code or some preparatory work being done by the State Government, there before, would also be able to save the situation and the principles laid down by the Supreme court in case of Raghav Natha (supra) would not be attracted.

( 3 ) THE broad facts which would form the background for all these petitions are not in dispute. It appears that on December 22, 1977 the State Government had adopted a Resolution for introducing a suitable package of incentive, for the encouragement of the industries in the State after having undertaken a detailed study of various aspects, including the scope and the nature of the incentives. The basic idea of the State Government in adopting this Resolution was to formulate a policy for achieving the wider object of the development of small, medium and large scale industries in the rural areas of the State. This could have been done by affording an opportunity to the industries to grow. This could further only be done after giving certain incentive. The Resolution dated December 22, 1977 shows annexure-I and carves out certain areas to which the incentives package formula would be applicable. Zone-I, Zone-II and Zone-III has been provided in the schedule. District of Vadodara with five Talukas thereunder, including the Taluka of Waghodia has also been shown under Zone-III. By a later Notification it was thought fit to establish the growth centres. Without going into much details in this respect, it must be said that Waghodia falling under the Vadodara District was also accepted as one of such growth centres.

( 4 ) THE Government was aware that for the purpose of establishing industries as envisaged under the new policy, the prime requirement would be to make available the suitable lands within the areas, which were included in the zone and to which certain advantages and incentives were to be given. According to the formula, as waghodia Taluka was declared as the growth centre, falling under Grade-C if the industries were to be set up in this growth centre, a cash subsidy at the rate of 15% of the fixed asset or Rs. 25,00,000. 00 whichever would be less would be available to the industries under different modes under the scheme. It is not in dispute that the lands concerning these petition








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