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2022 Supreme(Guj) 1545

ARAVIND KUMAR, ASHUTOSH J. SHASTRI
HARISH GULZARILAL SHARMA – Appellant
Versus
STATE OF GUAJRAT – Respondent


Advocates:
Advocate Appeared:
For the Appellants : SHALIN MEHTA, HEMANG M. SHAH.
For the Respondent: K.M. ANTANI.

JUDGMENT :

ARAVIND KUMAR, J.

1. This Appeal lays a challenge to the order of the learned Single Judge passed in Special Civil Application No. 23417 of 2005 dated 26.08.2014, whereunder order passed by the Collector dated 19.06.1992 and the order passed S.S.R.D. dated 11.06/07.2005 has been affirmed.

2. The facts in brief which has led to filing of the present Appeal, can be crystallized as under:

    2.1 The petitioner was allotted a land bearing 38 admeasuring 800 sq. yards on 14.06.1982 by the State Government on a lease basis for a period of 99 years. The said allotment was on the terms and conditions specified thereunder. Said allotment was came to be cancelled in the year 1985. However, on the prayer of the writ applicant, that there was no basic amenities provided and as such construction could not be completed, Collector granted extension of time for construction for a further period of two years effective from 03.02.1986. By order dated 19.06.1992, the Collector, Dang, cancelled the lease on the ground that writ applicant had committed breach of condition Nos. 3 and 16 of the original allotment order and forfeited the amount of deposit made by the petitioner.

2.2 In almost similar c

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