PANKAJKUMAR M SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) : The present petition is filed against an order dated 17.3.1989 passed by respondent no.2, whereby entry no.536 dated 15.10.1984 and entry no.537 of the same date of village Bhimpore, taluka Choryasi, district Surat were cancelled under sec.211 of the Bombay Land Revenue Code taking into consideration the fact that the transaction on the basis of which said entries were made was in violation of the provisions of sec.63 of the Bombay Tenancy and Agricultural Lands Act.

(2.) Learned advocate Mr.Kapadia appearing for the petitioner submitted that petitioner no.1 entered into a transaction by purchase of part of the land bearing revenue survey no.76 of village Bhimpore by registered sale deed dated 25th May 1984. It is the case of the petitioners that the said entry no.536 came to be made on 15.10.1984. Thereafter, said entry came to be certified on 25.11.1984. So far as the second entry is concerned, petitioner no.2 also entered into transaction of purchasing a part of revenue survey no.76 of village Bhimpore and survey no.240 of village Gaviyar. It is given out that regarding the transaction of petitioner no.2, pertaining to revenue survey no.76 of village Bhimpore, mutation entry no.537 came to be made on 15.10.1984, which came to be certified on 20.11.1984. So far as the land bearing surveyno.240 of village Gaviyar is concerned, mutation entry bearing no.1379 was made on 18.1.1985.

(3.) Mr.Kapadia, learned advocate submitted that the petitioner had not produced the copies of the two notices dated 13.12.1988, but has subsequently produced by an amendment. The written submissions filed by the petitioners in reply to those notices are also filed along with that. Mr.Kapadia submitted that the provisions of sec.121 of the Gujarat Town Planning and Urban Development Act, 1976, were in force when the said transaction was entered into in the year 1984 and by virtue of the said provisions of sec.121 of the said Act, the provisions of the Bombay Tenancy and Agricultural Lands Act were not applicable to the area in question. Sec.121 of the Gujarat Town Planning and Urban Development Act, 1976 reads as under :