STATE OF GUJARAT Vs. MANOHARSINHJI PRADYUMANSINHJI JADEJA

JUDGEMENT

(1.) The State of Gujarat has come in appeal against the judgment and order dated 6th May 1999 passed by the learned Single Judge in Special Civil Application No.4015 of 1990 whereby the petition was allowed and the judgment and order dated 8th September 1989 passed by the Gujarat Revenue Tribunal in Revision Application No.TEN.B.R.4 of 1989 confirming the orders at Annexures.A and B in Special Civil Application as had been passed by the Dy.Collector, Mamlatdar and ALT in so far as the bid land Survey No.111/2 admeasuring 30 acres and 30 gunthas and Survey No. 111/3 admeasuring 529 acres and 27 gunthas are concerned was quashed and set aside and the Rule was made absolute.

(2.) The controversy between the parties hinges around the provisions of the Gujarat Agricultural Lands Ceiling Act, 1960 and the amendment made therein vide Gujarat Agricultural Lands Ceiling (Amendment) Act, 1972 and the provisions of the Urban Land (Ceiling and Regulation) Act, 1976 and the Urban Land (Ceiling and Regulation) Repeal Act, 1999. The Gujarat Agricultural Lands Ceiling Act, 1960 (Gujarat Act No.XXVII) of 1961 came into force on 15th June 1961. The Gujarat Agricultural Lands (Ceiling Amendment) Act, 1972, i.e. the Gujarat Agricultural Lands Ceiling Amendment Act, 1972 (Gujarat Act No.2) of 1974 came into force on 1.4.1976. On 14th August 1972, a resolution was passed by the Gujarat State Legislative Assembly under Clause (1) of Article 252 of the Constitution and that resolution dated 14th August 1972 is reproduced as under:

(3.) The original petitioner - the respondent herein claims to be the heir of the Ruler of the Erstwhile Rajkot State. The lands which were retained by the Ruler of the Rajkot included the land Survey No. 111/2 admeasuring 30 acres and 30 gunthas and Survey No.111/3 admeasuring 579 acres and 27 gunthas total of which comes to 610 acres and 27 gunthas. The said lands were bid lands and according to the petitioner, they were highly uneven, hilly, rocky and uncultivable where no grass grows. It is the case of the petitioner that the said lands devolved upon him and he was the holder of these lands amongst other lands. On 29th June 1976, the original petitioner filled in Form under Section 10 of the Gujarat Agricultural Lands Ceiling Act, 1960 with regard to the lands as aforesaid comprising of Survey Nos.111/2 and 111/3 since they were bid lands and were required to be shown having regard to the provisions of Section 2(17) of the Gujarat Agricultural Lands Ceiling Act, 1960. 20th Oct.2000: