JUDGMENT :

1. By way of the present petition under Article 226 of the Constitution, the petitioners have challenged the order dated 29.07.2019 passed by learned Special Secretary, Revenue Department ("Ld. SSRD" for short) in Revision Application No. 01 of 2019, confirming the order dated 30.07.2018 passed by the Ld. District Collector, Bharuch in refusing the non-agriculture permission to the petitioner.

2. The facts, in nutshell are as under:

2.1 The petitioners are the owners of the land bearing survey No. 79 (old survey No. 286) admeasuring 8152 sq. mtrs. of village Sanjali, Taluka: Ankleshwar, Dist: Bharuch which they have received in succession and the succession entry No. 2606 was mutated in revenue record on 07.01.2011.

2.2 That since the land was restricted tenure land and petitioners inclined to use it for residential purpose, they made an application dated 02.06.2011 to the District Collector, Bharuch to convert the said land into old tenure for non-agriculture use. The petitioner deposited an amount of Rs. 27,91,960/- towards the premium as demanded by the District Collector, Bharuch. The District Collector, Bharuch vide his order dated 08.11.2011 granted permission to convert the land into old tenure for non-agriculture purpose. Pursuant to which revenue entry No.2629 was mutated in the revenue record on 29.11.2011.

2.3 That on 20.12.2011, an Application was made to the Town Planner, Bharuch for sanction of layout plan for construction of residential unit, which was came to be granted on 03.11.2012 by the Town Planner, Bharuch. Thereafter, petitioners have applied for N.A. permission for residential use qua the land bearing Survey No. 286 admeasuring 8094 sq. mtrs. to District Panchayat, Bharuch as the land was situated in village Sanjali. To that DDO acknowledged the same vide his letter dated 11.01.2012. However, the DDO did not decided the said application within 90 days. It is contended that even as per the government resolutions, N.A. permission was deemed to be granted, if no action is taken in respect of application of N.A. within the specified period.

2.4 That during the pendency of such application, the District Collector, Bharuch vide his letter dated 02.09.2013 informed the petitioner that village Sanjali is included in Bharuch-Ankleshwar Area Development Authority ("BAUDA" for short) and the Collector has authority to grant N.A. permission. That DDO has referred the file to the Collector. It was informed that since time limit to obtain N.A. permission has expired, an application may be filed for extension for time. Upon such instructions, petitioners moved an application for extension of time which came to be extended up to 07.11.2013. That the petitioner received information from the Collector that there is negative opinion of GIDC, N.A. permission can not be granted to him and the N.A. application came to be rejected.

2.5 It is contended that from RTI inquiry, it was found that GIDC has given positive opinion and yet false facts has been narrated. That vide order dated 24.01.2014 the Collector extended the time limit up to 07.11.2014 to obtain the necessary permission. It is the say of the petitioner that application for consideration of N.A. permission remained pending before the District Collector without any cogent reasons, and therefore, once again petitioner applied for extension of time before the Collector. However, it was informed that there is no need for an extension and if there is change in Jantri rate, then, the difference of premium needs to be paid. It is also contended that ultimately the Collector rejected the N.A. application on totally new ground that now the land is included in the Industrial Zone, and therefore, N.A. permission for residential use cannot be granted. Petitioner preferred Revision Appeal before Ld. SSRD against that said order, who has ultimately dismissed the same. Thus, the petitioner has challenged both these orders by filing this petition.

3. Heard learned advocate Mr.