Heard Mr.Hitesh N.Acharya, learned advocate for the petitioner. It is submitted that the order of the Collector vesting the land allotted to the petitioner - Cooperative Society for construction of the Godown, has been passed after 27 years, which cannot be said to be a reasonable period of time as per the principles of law laid down in Rameshbhai Ambalal Shah v.
State of Gujarat and Anr. - 2011(3) GLH 98. It is further submitted that the said order has been passed exparte without issuing any notice to the petitioner. That, these aspects have not been taken into consideration by the Additional Secretary (Appeals) while rejecting the revision application of the petitioner. It is further contended that the only reason for rejection of the revision application is that the State Government had intimated the Collector by communication dated 16.02.2005 to initiate proceedings for breach of condition against the petitioner. The learned advocate for the petitioner states that the petitioner-Society is still in possession of the land in question.
Issue Notice returnable on 09.04.2012.
Status-quo, as it exists today, qua the land in question, shall be maintained till then.
In addition to the normal mode of service, Direct Service is also permitted.
(Smt.
Abhilasha Kumari, J.) (sunil) Top