BHIKHIBEN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) APPELLANTS are the original petitioners. In the present appeals, they have challenged an order dated 17.7.2007 passed by the learned Single Judge in Special Civil Application No.7342 of 2007 and connected matters. The order reads as under:

(2.) FACTS leading to the present group of appeals can be noticed from SCA No.7342 of 2007. The petitioners are the legal heirs of original land holder one Devjibhai Ramjibhai Patel. Deceased Devjibhai at the relevant time was holding land in excess of ceiling limit. He, therefore, filed necessary form under section 6(1) of the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter to be referred to as "the ULC Act") before the Competent Authority. Ultimately, the Competent Authority passed order declaring 7909 sq. meters of land as excess vacant land. Further proceedings in terms of section 10 of the ULC Act were undertaken. It is the case of the Government that after issuance of notice and notification under section 10(3) and 10(5) of the ULC Act possession of the excess vacant land was also taken over. The land-holder, however, did not admit the above position. He carried the matter further before the Urban Land Tribunal. The Urban Land Tribunal by its judgment dated 31st December 1994 allowed the appeal of the land holder. The impugned orders under section 8(4) and the subsequent proceedings under section 10(3) and 10(5) as well as under section 11 of the ULC Act were set aside. The proceedings were remanded for verification of the evidence with the record taking into consideration the provisions of law, for taking a fresh decision by the Competent Authority.

(3.) THE original land-holder in the meantime having expired, his heirs approached the Government and requested that in the land revenue records, entry that the land is under the Urban Land Proceedings be deleted. THE Government refused to accept the request. THEreupon, heirs of the land holders filed the present group of petitions being Special Civil Application No.7342 of 2007 and connected matters, in which the learned Single Judge was pleased to pass the impugned order dated 17.7.2007 dismissing the petitions on the ground of delay and laches.