VIPINCHANDRA VADILAL BAVISHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) These two appeals which are proposed to be decided by this decision are filed against the judgement of learned Single Judge dated 17.6.2002 passed in Special Civil Application No. 9856 of 2000 by the two appellants, one petitioners before learned Single Judge and the other by the respondent whose allotment of land is ordered to be cancelled by learned Single Judge.

(2.) The petitioners before learned Single Judge had a holding of land in village Nana Mauva bearing Survey No. 71. The area owned by the petitioners as alleged was 4610.41 sq. mtrs. Proceedings were initiated against the petitioners under the provisions of Urban Land (Ceiling & Regulations Act, 1976 (hereinafter referred to as the Act). The said Act came into force in the State of Gujarat on 20.8.1976. The petitioners filed two forms under Section 6 of the Act, as according to the petitioners they had different shares in the land in question. In a lis between the petitioners and the State, in relation to the question of separate holdings in village Nana Mauva, has resulted into rejection of the claim of the petitioners by the Hon'ble Supreme Court. It has been held that the holding of both the petitioners was liable to be clubbed in view of the provisions of the Act. Thus the proceedings were continued against the petitioners treating their holding to be joint.

(3.) Draft statement was prepared which was served upon the petitioners. Thereafter, the matter was considered under Section 8 of the Act. The authority under ULC Act , Rajkot, rendered its decision on 27.2.1986. It is also important to note here that an exemption application was made to the Government for commercial use of the land bearing Survey No. 71 measuring 4610 sq. mtrs. However, the same has been rejected by the Government in the year 1983. Therefore, the said land was not liable to be retainable land and the land in question has been declared as surplus.