MADHUSUDAN BHANUPRASAD PANDYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Leave granted (SLP(C) No 24021 of 2013).

(2.) The appeal arises from a judgment and order dated 24 January 2013 of a Division Bench of the High Court of Gujarat, affirming the dismissal of a Writ Petition by the Single Judge. On 7 July 2005, the Single Judge dismissed a Writ Petition filed by the appellant seeking to set aside an order of the State Government rejecting an application for exemption under Section 20 of the Urban Land (Ceiling and Regulation) Act 1976 ("Act of 1976").

(3.) The appellant claims to be engaged in the business of manufacturing cement pipes through M/s General Cement Pipe Company Limited ("Company") on land bearing Survey No 288/4 admeasuring 5160 sq m situated at village Chandlodia, Taluka City District, Ahmedabad. The appellant claims leasehold rights in the land under a rent note dated 27 March 1975. Upon the enactment of the Act of 1976 on 12 September 1976, Form I under Section 6(1) was submitted on behalf of the Company, declaring that the land was leased from the original owners. Village form No 7/12 contained an entry for the years 1979-80 and 1980-81 to the effect that the land had been put to non-agricultural use without permission. As a result, by virtue of the provisions of Section 2(q), the land upon which construction had been put up was liable to be considered as vacant land. On 26 November 1982, a draft statement under Section 8(1) was issued. On 26 August 1985, the competent authority under Section 8(4) declared land admeasuring 4160 sq m as excess vacant land. On 17 September 1985, a final statement was issued under Section 9. A notification under Section 10(1) was published on 31 January 1986. This was followed by a notification under Section 10(3) on 6 December 1986. A notice under Section 10(5) was issued on 6 March 1987. On 6 July 1990, the competent authority issued a notice under Section 10(6) intimating that possession of the excess land would be taken over.