The main legal point established in the judgment is that the powers under Sec. 84C of the Act should be exercised within a reasonable period of time, and the nature of the land as a new tenure land remains unchanged despite the lapse of time.

J. B. PARDIWALA, J. This appeal under Clause 15 of the Letters Patent is at the instance of unsuccessful writ petitioners of a writ application under Art. 226 of the Constitution of India and is directed against an order passed by the learned Single Judge dated December 8, 2011, by which His Lordship rejected the writ application holding that the concept of exercise of powers within a reasonable period of time under Sec. 84C of the Bombay Tenancy and Agricultural Lands Act, 1948 (hereinafter referred to as 'the Act'), would not be applicable to a case in which the land in question is a new tenure land as explained under Sec. 43 of the Act and Art. 226 of the Constitution of India being a discretionary remedy was not useful to the writ petitioners.

2. The facts shortly stated be thus :

2.1. The writ petitioners had purchased the land bearing Block No. 540 situated at Mauje Masma, Taluka Olpad, District Surat, which is the subject-matter of this appeal, by a registered sale deed dated October 6, 2005 from one Shri Mahendrabhai Prajapati. Shri Mahendrabhai Prajapati had purchased the said land from one Urvashiben Hirenkumar Jariwala and Naliniben Hemantkumar Lalwala on June 9, 2005. Urvashiben Hirenkumar Jariwala and Naliniben Hemantkumar Lalwala had purchased the land on January 1, 2000 from one Shri Sunilbhai Manchhubhai Patel, who had purchased the land from the original owner, namely, Babarbhai Haribhai. Thus, it is clear that the writ petitioners are the fourth buyers of the land in question. Record reveals that the original owner one Babarbhai had applied for Non-Agricultural permission with the Taluka Development Officer for putting up residential construction and such permission was granted to the original owner Shri Babarbhai on certain terms and conditions. For better adjudication of the controversy in question, it would be profitable to reproduce the conditions on which the Non-Agricultural permission was granted to Babarbhai on September 4, 1982, which are as under:

(1) "No construction should have been carried out except in the plot shown by colour admeasuring 1673 sq.mtrs. of the land other than agricultural total 5969 sq.mtrs. shown in the map dated 23-7-1982 vide Mark-A, B, C, D of S.E., Olpad.

(2) That except the prior written permission of Taluka Development Officer, the approved construction or in the plot other than agricultural not to carry out any kind of increase or other modification. And should not have to carry out the additional construction;

(3) That under Sec. 48(4) of the Land Revenue Code, without obtaining the written permission of Taluka Development Officer, the restriction is hereby ordered for its use for the purposes other than construction of residential purposes.

(4) That within 6 months from the date of the said order, the act other than the agricultural should have been carried out and if fails to do so than, the date from which the permission other than the agricultural granted, from such date the special cess and fine should have been paid whichever is fixed.

(5) That within one month from the date of committing the act other than agricultural, the occupier shall have to give written intimation regarding initiation of such act through Village Officer to Taluka Development Officer. If fails to do so then liable to pay cess other than agricultural and fine.

(6) The occupier shall have to carry out the measurement of the plot other than the agriculture through Land Record Office at his own cost. As per the measurement carried out by the Department, whatever the changes happened in the area and akar according to it the Sanad is liable to modification. And the applicant shall have to pay measurement fee within six (6) months from the date of order.

(7) That from the date of the said order within the tenure of six (6) months, the sanad is required to be issued as per the conditions mentioned in the order in Form-M and regarding information by the occupier and this permission shall be on the basi