( 1 ) THE petitioner is a co-operative society constituted under the provisions of the gujarat Co-operative Societies Act, 1961 (the Act for short ). The petitioner society has come into existence for the purpose of providing residential accommodation for its members who are members of weaker section. Upon a joint application made by sajjankunverba Jadeja and the petitioner society for grant of exemption under section 20 (1) of the Urban Land (Ceiling and regulation) Act, 1976 (the ULC Act for short), the state Government passed an order dated 27. 11. 1989 granting necessary exemption, a copy whereof is produced at annexure a.

( 2 ) THE petitioner-society wanted to purchase land for providing plots admeasuring 100 to 200 sq. mts. to each of its members. The said Jadeja was the owner of Survey numbers 158, 159 and 160 of village motavava admeasuring 7 acres and 3 gunthas. The aforesaid survey numbers are agricultural lands. Sajjankunverba Jadeja had applied before the Rajkot Urban development Authority (ruda for short) for permission to develop the land which was granted on 9. 2. 1990. The petitioner-Society purchased the lands in question by a registered sale deed dated 16. 8. 1990. District panchayat, Rajkot by an order dated 7. 8. 1990 granted permission to convert ag ricultural lands into non-agricultural purpose on certain conditions. One of the conditions was that members of the petitioner- society should complete the construction within two years. This condition No. 10 in the order of the State of Gujarat could not be complied with by the petitioner-Society. Therefore, the petitioner applied on 28. 8. 1991 for extension of time to complete the construction by its members within a period of two years. Request for extension of time was accepted and the State Government extended the period for a period of six months by an order dated 13. 1. 1992. On account of various reasons including drought which resulted into great shortage of water in the entire Rajkot district for even drinking water, the members of the petitioner-Society could not raise construction within the extended time. Consequently, the petitioner-Society requested for further extension of time vide its letter dated 29. 6. 1992. The State Government vide its order dated 7/8/1992 extended the period for completing the work, for a period of one year. It is also the case of the petitioner that to approach the lands purchased by the Society, neither there was any approach road nor any bridge had been constructed by the District Panchayat and, therefore, it was not possible to construct in time. It is in this context that it was contended that extension of one year was insufficient. There was no electric supply. There was water shortage. Therefore, extension of time for a further period of two years was requested for by the petitioner vide its letter dated 21. 7. 1993. However, vide letter dated 29. 9. 1993, the competent authority addressed a letter to the petitioner -Society that the period for putting up construction had expired on 6. 8. 1993. Necessary documents had been supplied by the petitioner-Society to the competent authority after receipt of the aforesaid letter.

( 3 ) THE respondent-State of Gujarat has issued show-cause notice to the petitioner- society to explain as to why exemption granted in respect of the said land should not be cancelled in view of the breach of condition No. 10 like that non-completion of construction within the stipulated time for which extension of time was granted. The petitioner-Society filed reply on 29. 12. 1993. Further communication was also made. It was inter alia contended by them that the petitioner-Society was ready and willing to produce all necessary evidence to show that there was genuine difficulty in raising the construction within the stipulated time. It was, therefore, submitted by the society that further period of two years may be granted to complete the construction work by its members. Furthe