Court confirmed that permissions granted prior to 28.03.2018 necessitate a 20% deduction under GDCR, rejecting erroneous claims for a 40% deduction.

ORDER :

D.N.RAY, J.

1. The present bunch of petitions seek to challenge the common judgment and order dated 27.01.2025 by which the learned Single Judge interpreting Clause No.6.17.4 of the comprehensive General Development Control Regulations (GDCR) has held that for the subject lands, 20% deduction is the correct assessment and the deduction of 40% as held in the orders of the Appellants (which were impugned in the Special Civil Applications), is erroneous.

2. For the sake of recording the foundational facts, we refer to Letters Patent Appeal No. 999 of 2025 arising out of Special Civil Application No.24904 of 2022, as the same were referred to by the learned Single Judge by taking Special Civil Application No.24904 of 2022 to be the lead matter.

3. The brief facts referred to in the impugned judgment are as under:-

“4.1 The petitioner herein is a partnership firm and owner of the subject land. Erstwhile owner of the subject land preferred an application seeking development permission in the year 2001 to respondent No.3 -Surat Urban Development Authority (For short "SUDA"). An application for Non- Agricultural Use Permission was also preferred in year 2002 by erstwhile owners. Both these applications preferred by erstwhile owner of subject land were considered and allowed by orders dated 08.11.2001 and 01.11.2002 respectively.

4.2 After filing of above referred applications, the petitioner Firm became co-owner of the subject land. Mutation entry on record refers to partnership firm M/s. Hans Developers (the petitioner) as owner of the subject land. The validation Certificate dated 19.06.2019 also refers the name of the petitioner as owner of subject land. Accordingly, the petitioner Firm made an application under section 27 of the Gujarat Town Planning and Urban Development Act, 1976 seeking development permission for construction. The said application was allowed by an order dated 03.02.2020.

4.3 Consequently, the petitioner made an application under section 65(A) of Gujarat Land Revenue Code, 1979 for change of NA use from residential purpose to multipurpose and the same was also allowed by the District Collector, Surat vide order dated 23.06.2020. Accordingly, construction was carried out.

4.4 Thereafter, an order dated 01.08.2022 was passed revoking/cancelling the development permission granted under order dated 03.02.2020. Aggrieved by which, the petitioner preferred Special Civil Application No.16208 of 2022 and this Court vide order dated 13.10.2022 directed the authority to pass fresh order after providing an opportunity of hearing to the petitioner. An opportunity was provided to the petitioner on 20.10.2022 and thereafter, orders dated 12.11.2022 and 21.12.2022 were passed, aggrieved by which, SCA No. 24904 of 2022 is filed.

5. In all the captioned writ petitions issue involved is whether revocation/cancellation of earlier development permission (for construction) is justified.”

4. Mr.Deep D.Vyas, learned advocate for the Appellants has referred to the following provisions of the GUJARAT TOWN PLANNING ACT , 1976; (for short “TP Act”):-

“SECTION 27: Application of permission for development Any person, not being the Central Government or a State Government, intending to carry out any development in any building or in or over any land within the limits of a development area on or after the date referred to in section 26, shall, except where such development is for any of the purposes specified in the proviso to that section, make an application in writing to the appropriate authority for permission for such development in such form and containing such particulars and accompanied by such documents as m