SCA/792119/1994 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 7921 of 1994 For Approval and Signature: HONOURABLE MR.JUSTICE AKIL KURESHI ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= K K AHER - Petitioner(s) Versus STATE OF GUJARAT & 2 - Respondent(s) ========================================================= Appearance : MR JAYANT P BHATT for Petitioner(s) : 1, MS REETA CHANDARANA, AGP for Respondent(s) : 1 - 3. ========================================================= CORAM : HONOURABLE MR.JUSTICE AKIL KURESHI Date : 08/12/2008 ORAL JUDGMENT Petitioner has challenged an order dated 16.6.92 passed by the Collector, Rajkot as upheld by an order dated 5.10.93 passed by the Secretary, Revenue Department, Government of Gujarat. By the impugned order dated 16.6.92, the Collector, Rajkot held that the petitioner had put up a petrol pump without SCA/792119/1994 2/4 JUDGMENT obtaining conversion of the land from residential purpose to commercial purpose. He, therefore, directed that the petrol pump should be removed and revenue should be collected on assessment as if the land is put to commercial use. He also imposed penalty on the petitioner. 2. Case of the petitioner, however, is that Indian Oil Corporation had received no objection certificate from the Collector for putting up petrol pump on plot No.31 subject to the condition that permission for non-agricultural (commercial) use is obtained. The petitioner subsequently also applied to the Collector but did not receive any reply within 90 days. 3. So far as basic facts are concerned, there is no dispute. The petitioner owns the land in question which enjoys NA permission for residential use. Without obtaining conversion of the land to commercial use, the petitioner installed a petrol pump thereon. This Court, however, by an order dated 4.8.94 ordered maintenance of status quo qua possession only. This interim protection granted to the petitioner continued from time to time and finally while admitting the petition on 2.9.94, it was ordered to be continued till final disposal of the petition. 4. Neither learned advocate Shri JP Bhatt appearing for the petitioner nor learned AGP Ms.Chandarana was SCA/792119/1994 3/4 JUDGMENT in a position to state whether on 4.8.94 the petrol pump was functioning nor are they able to throw any light on the present position. In fact, State has not even filed reply though it is stated that para- wise remarks were received by the Government Pleader way back in the year 1994 itself. 5. Under the circumstances, considering the peculiar facts, I find it appropriate that the petitioner should apply to the Collector for necessary permission for petrol pump on the said land. If such application is received within four weeks from today, the same shall be examined in accordance with law. Despite this Court not permitting the petitioner to operate the petrol pump during the pendency of the petition, if the Collector has not closed down the petrol pump so far, it is expected that the Collector shall not do so till disposal of the application of the petitioner and shall also examine whether the petrol pump should be regularized upon payment of any premium. In so far as direction for payment of penalty as well as recovery of revenue on commercial assessment is concerned, the order of the Collector is not disturbed. 6. The petition is disposed of accordingly. Direct service is permitted. (Akil Kureshi, J.) SCA/792119/1994 4/4 JUDGMENT (vjn)