C/SCA/6729/2022 ORDER DATED: 30/09/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 6729 of 2022 ========================================================== V C SHAH PATEL SERVICES PVT. LTD. Versus THE SPECIAL SECRETARY (APPEALS), REVENUE DEPARTMENT & ANR. ========================================================== Appearance: MR VIMAL A PUROHIT(5049) for the Petitioner(s) No. 1 MR JAYNEEL PARIKH, AGP for the Respondent(s) No. 1,2 ========================================================== CORAM:HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI Date : 30/09/2025 ORAL ORDER 1. The present Special Civil Application has been filed impugning the order dated 31.01.2022 passed by the Secretary (Appeals), Revenue Department as well as the order dated 05.11.2020 passed by the Collector, Bharuch whereby the application of the petitioner under Section 63(AA) of the Gujarat Tenancy and Agricultural Lands Act, 1948 [“Act” for short] has been rejected. 2. Learned advocate for the petitioner submits that a perusal of the impugned orders shows that the provision of the CGDCR- 2017 have not been properly appreciated by the Collector, C/SCA/6729/2022 ORDER DATED: 30/09/2025 Bharuch as well as Secretary (Appeals), Revenue Department. He submits that the Chief Executive Officer, Bharuch-Ankleshwar Urban Development Authority, Bharuch has given an opinion dated 23.10.2020 whereby it has been opined that as per Table Nos.6.2 and 6.3 of the CGDCR-2017, the permission can be granted to the petitioner. He submits that the said opinion was not taken into consideration by the Collector, Bharuch as well as Secretary (Appeals), Revenue Department. He has also relied upon the relevant provisions of CGDCR-2017 and Table Nos.6.2 and 6.3 thereof. 3. Per contra, learned Assistant Government Pleader Mr. Jayneel Parikh submits that the reasoning given in the impugned orders are correct. He submits that the subject land in question comes in Residential Zone R-II and within the jurisdiction of the Bharuch-Ankleshwar Urban Development Authority, Bharuch. He submits that no opinion was available to the Collector, Bharuch from the said authority and therefore, the permission under Section 63(AA) of the Act has been rightly refused. 4. Heard learned advocates for the parties, considered the submissions and perused the documents on record. C/SCA/6729/2022 ORDER DATED: 30/09/2025 5. The petitioner is seeking permission under Section 63(AA) of the Act since the petitioner proposes to set-up a Hotel on the subject land. By communication dated 23.10.2020 addressed to the petitioner, the Chief Executive Officer, Bharuch-Ankleshwar Urban Development Authority, Bharuch has opined that the petitioner is liable to be granted permission for construction of Hotel as per Table Nos.6.2 and 6.3 of the CGDCR-2017. Table No.6.2 relates to Classification of Designated Areas in Development Plan. Admittedly, the petitioner’s land falls in Residential Zone R-II and the permissible use in the said zone is the same as permissible in Zone R-I. Hospitality at serial No.16 in the Table No.6.3 permits the usage in respect of Bed and Breakfast, Guest House, Lodging and Boarding, Hotel, Motel, Serviced Apartment. 6. In view of the above observations, prima facie, it appears that though the subject land of the petitioner falls in Residential Zone R-II and the CGDCR-2017 permits use for construction of Hotel, permission under Section 63(AA) of the Act has been still refused by the Collector, Bharuch as well as Secretary (Appeals), Revenue Department. C/SCA/6729/2022 ORDER DATED: 30/09/2025 7. In view thereof, the impugned order dated 31.01.2022 passed by the Secretary (Appeals), Revenue Department as well as the order dated 05.11.2020 passed by the Collector, Bharuch are quashed and set aside. The application of the petitioner dated 29.08.2020 is remanded back to the Collector, Bharuch for consideration afresh in accordance with law and the prevalent CGDCR Rules, after following due procedure of law. The said exercise shall be completed within a period of 60 days from the date of receipt of copy of this order after giving due and effective hearing to the petitioner. The petitioner shall be at liberty to place the documents in support of his application. All the contentions are kept open. 8. It is made clear that this Court has not gone into the merits of the case nor any opinion is expressed thereon. With the aforesaid direction, the present Special Civil Application stands disposed of. No order as to costs. Direct Service is permitted. (VAIBHAVI D. NANAVATI,J) K.K. SAIYED Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: SAIYED KAZIMALI(HC00169), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 01/10/2025 11:27:21