JUDGMENT

J. B. PARDIWALA, J.

1. This appeal under Clause-15 of 30 the Letters Patent is at the instance of a unsuccessful applicant of a Writ Application under Article 226 of the Constitution of India and is directed against the order dated 22.03.2011 35 passed by the learned Single Judge of this Court by which his Lordship rejected the Writ Application.

2. The facts leading to the filing of 40 this appeal can be summarized as under :-

2.1 The appellant herein is an Industrial Co-operative Society. The society was formed in or around 1979 for the purpose of setting up an industrial township and for the purpose of allotting plots to its members/industrialists and to provide infrastructure for setting up an industrial unit at a minimum possible rate. For setting up the industrial township, the appellant-society: purchased lands in villages of Sachin, Vanz, Lajpore, Bhatia and Popada Villages of Taluka Charyasi, Dist: Surat.

2.2 Pursuant to the representation I by the appellant-society and in view of the order passed by this Court in Special Civil Application Nos.1145 of 1981, 2379 of 1984 and 2433 of 1986 filed by the appellant-society, a Notification was published by the State Government dated 25.01.1988 designating the lands in question as being included in General Industrial Zone. Thereafter, the State of Gujarat issued a Notification dated 14.11.1991 under Section 88(1)(b) of the Bombay Tenancy and Agricultural Lands Act, 1948, specifying the land in question as being reserved for nonagricultural and industrial purpose. On of 29.01.1994, the respondent-Authority granted development permission under Section 29 of the Gujarat Town Planning and Urban Development Act, 1976 (hereinafter referred to as "the Town Planning Act" for short). Thereafter, permission for amalgamation in respect of the lands of the society, in the villages of Sachin, Vanz, Bhatia, Lajpore and Popada was sought, which was 411 granted by Surat Urban Development Authority ("SUDA"• for short) on 04.12.1997. Pursuant thereto, the development permission for plotting of the said lands was also granted vide order dated 04.12.1997.

2.3 On the strength of the said development permission dated 04.12.1997, substantial development was undertaken and infrastructure in the form of roads, leveling of lands, facilities of electricity etc. was provided by incurring expenditure to the tune of crore of rupees.

2.4 Around 1600 members of the society have been allotted plots in the said industrial township pursuant to the development permission sanctioning layout vide order dated 04.12.1997. The plans for construction on several plots were sanctioned by SUDA. Around 350 industries have already started functioning. The industries include textile units, industrial machinery workshops, paper mills, ice factory, etc.

2.5 In the year 2003, vide communication dated 11.08.2003, the SUDA cancelled the development permission dated 04.12.1997 granted for plotting of the land of the society on the ground that the conditions more particularly Condition Nos.2, 27 and 28 as contained in the development permission dated 04.12.1997, had not been complied with by the members of the society. The appellant-society, being aggrieved by the said order cancelling the development permission dated 04.12.1997, preferred Special Civil Application No.13259 of 2003 in this Court. The record reveals that the said petition was disposed of by the learned Single Judge of this Court as SUDA thought fit to withdraw the order dated 11.08.2003 which was impugned in the said petition. The learned Single Judge disposed of the petition vide order dated 16.12.2003 in the following terms :-

HM/: M. D. Pandya, learned Counsel for respondent No.2 - Surat Urban Development Authority seeks leave to place on record a copy of the order dated December 15, 2003 passed by the Chief Executive Officer of respondent No.2 withdrawing