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2004 Supreme(Guj) 783

J.N.PATEL
JAYANTIBHAI BABALDASBHAI DARJI – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared: DIPEN DESAI, YOGESH S.LAKHANI

JAYANT PATEL, J.

( 1 ) RULE. Mr. Desai, learned AGP waives service of rule on behalf of respondents No. 1 and 2 and with the consent of the parties the matter is taken up for final hearing today.

( 2 ) THE short facts of the case are that the land was converted for N. A. purpose in the year 1984 and one of the conditions inter alia was to initiate the construction within a period of six months and complete the same within a period of three years. It is the case of the petitioner that due to drought situation the petitioner could not start with the construction within the stipulated time. It appears that the Mamlatdar, Harij prepared the report and forwarded to the District Collector. On the basis of the said report show-cause notice was issued by the District Collector in breach of the conditions of the order for converting the land for N. A. purpose. It appears that the petitioner appeared in response to the show-cause notice and on behalf of all the persons, Darji Naranbhai Mohandasbhai and Darji Narsibhai Mohandasbhai remained present and stated that because of water scarcity and drought situation, the construction could not be made. However, they stated that now the water can b









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