Heard Mr.A.J.Patel, learned advocate for the petitioner. It is submitted by him that the petitioner has purchased two blocks of land, namely Block No.233 and 234 by registered Sale Deeds dated 07.01.1994. That, in respect of the land in question, Non Agricultural Use Permission had been granted by two orders, dated 21.06.1991, by the District Development Officer, which permission has not been cancelled till date. It is submitted that thereafter, the petitioner has invested crores of rupees and set up an industry which is still running. After nine years, in the year 1999, RTS proceedings were initiated, and by order dated 17.02.2001, the Collector, Panchmahals, Godhara, has directed the entries mutated in respect of the land in question in favour of the petitioner to be cancelled. It is submitted that the impugned order of the Collector has been confirmed by the revisional authority by the impugned order dated 27.02.2012, without taking into consideration the salient aspects of the matter, such as the delay of nine years in initiating the proceedings. It is contended that the proceedings have been initiated after an unreasonable period of time, as has been held by this Court and Supreme Court in a catena of judgments, especially after the huge investment made by the petitioner. It is further submitted that the Non Agricultural Use Permission in respect of the land in question has not been cancelled, therefore no RTS proceedings could have been initiated.
In support of the above submissions, reliance has been placed upon
(i) State of Punjab & Ors. v. Bhatinda District Co-op. Milk P. Union Ltd. - 2007 AIR SCW 6599, (ii) M.P.Housing Board v. Shiv Shankar Mandil & Ors. - 2008 AIR SCW 8172, and
(iii) Santoshkumar Shivgonda Patil & Ors. v. Balasaheb Tukaram Shevale & Ors. - 2009 AIR SCW 6305, wherein it is held by the Supreme Court that the power of revision should be exercised within a reasonable period of time.
Issue Notice returnable on 16.06.2012.
Status-quo, as it exists today qua the land in question, shall be maintained till then.
(Smt.
Abhilasha Kumari, J.) (sunil)