STATE OF GUJARAT Vs. MALIBEN NATHUBHAI

JUDGEMENT

(1.) State of Gujarat has preferred this petition under Article 227 of the Constitution of India to challenge an order passed by the Urban Land Tribunal at Ahmedabad in Appeal No. Surat/ 102/ 91 under Section 33 of the Urban Land (Ceiling And Regulation) Act, 1976 ('the Act' for short) .

(2.) Brief facts leading to the present petition can be stated thus: 2.1 The respondents are the legal representatives of Balubhai Bhikhabhai who filed form No I under section 6 (1) of the Act in respect of the following properties: Sr.No.Description Area of property Use of of property Total Built Open land property up area

(3.) The petition is based mainly on the ground that the Tribunal ought not to have condoned the delay while entertaining the appeal. It is contended that the Tribunal has committed an error on merits of the case also. It is contended that the land in question has been vested in the State Government , possession thereof is taken and land has been allotted to weaker section of the society. Therefore,there is no justification , legal or equitable, for entertaining the appeal.It is contended that the form was filed in by Balubhai Bhikhabhai and he had not mentioned names of the petitioners to indicate their interest in the property in question.The Tribunal has,therefore, committed an error. Petition may be allowed and the impugned order may be quashed and set aside.