The importance of providing documentary evidence to support claims and the proper interpretation of legal provisions.

1. By way of present petition, the petitioner herein seeks to challenge the order dated 21.03.1988 passed by respondent no.2 herein, cancelling the NA permission granted to the petitioner association as well as order dated 10.10.1988 passed by respondent No.1 herein, rejecting the Revision Application filed by the petitioner herein and thereby confirmed the order of respondent No.2 herein.

1.1 Heard Mr. A.S. Vakil, learned advocate for the petitioner, Mr. Gaurav Mehta, learned advocate for Mr. Pinakin M. Raval, learned advocate for respondent No.2 and Mr. Bharat Vyas, learned Assistant Government Pleader, for respondent No.1.

2. Brief facts giving rise to the present petition are as under:

2.1 The petitioner is a non-trading corporation duly registered under the provisions of the Bombay Nontrading Corporation Act and the members of the petitioner's association are belonging to poor and economical backward class of the society. One Shri Gemaji Motiji and others were holding different lands admeasuring in total 25 Acres and O Gunaths of Block Nos. 595, 597, 605, 604, 598, 609, admeasuring 94191 Sq.Mtrs of village Adalaj, Taluka and District Gandhinagar (hereinafter referred to as 'the lands in question' for short). In January, 1982, Gemaji Motiji and others had applied for NA permission under Section 65 of the Bombay Land Revenue Code, 1879 (hereinafter referred to as 'the Code' for short) and vide order dated 18.03.1982, respondent No.2 had granted permission under Section 65 of the Code on various terms and conditions, stated therein. As per condition No.9 of the said order dated 18.03.1982, the construction was required to be started within six months from the date of the approval of the plans and within three years, the construction work will have to be completed and as the plans were already been sanctioned at the instance of Gemaji Motiji, on the date of the said order dated 18.03.1982, the construction work was therefore, required to be completed by 18.03.1985. In the month of November, 1984, the petitioner association had purchased the aforesaid lands in question from Gemaji Motiji and others by registered sale deed. The petitioner association had applied for extension of time to complete the construction vide application dated 10.03.1985 as the plans were required to be changed as per the petitioner's requirement. As referred above, period of three years for completing the construction work in terms of NA permission was over on 18.03.1985. The period of three months was over on 10.06.1985 from the date of application for extension of time i.e. 10.03.1985 submitted by the petitioner, however, respondent No.2 did not respond in any manner to the said application dated 10.03.1985 of the petitioner. On 21.08.1985, NA permission was transferred to the petitioner and mutation entry No.7100 dated 21.08.1985 came to be mutated in the village revenue record. On 03.03.1986, the petitioner made another application for extension of time for a further period of three years and the said application also refers to the previous application dated 10.03.1985 and it was stated therein that the construction work was awaiting certain steps, which were beyond the control of the petitioner and hence, the delay has occurred.

2.2 Thereafter, the period of three months was over on 03.06.1986, from the date of second application for extension of time i.e. 03.03.1986, submitted by the petitioner, however, respondent No.2 did not respond in any manner to the said application dated 03.03.1986 of the petitioner. In the year 1986-87, drought condition prevailed in Gujarat and as a matter of fact, water was not available for construction and as the financial condition of the members of the petitioner association was very weak, they were unable to pay their contribution for the purpose of continuing the construction. Moreover, to meet with the said financial crises, the petitioner association had approached different financial institutions, but as n