NARANBHAI LALLUBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Appeal arises from the Order dated 16th August 2001 passed by the learned Single Judge whereby the writ petition challenging the order dated 8th February 1988 and the actions taken pursuant thereto as well as the Order dated 8th July 1991 came to be rejected.

(2.) The appellants are the original petitioners. The petitioners before the learned Single Judge prayed for a declaration that the proceedings under the Urban Land [Ceiling & Regulation] Act, 1976 [hereinafter referred to as, the ULC Act] in respect of the land, Survey No. 455-paiki situated at village-Gorwa, Taluka-District Vadodara stand abated.

(3.) The petitioners held certain lands including the aforesaid land bearing Survey No. 455-paiki, situated at village-Gorwa within the Vadodara Urban Agglomeration. That, on commencement of the ULC Act, the petitioners had declared their holding under Section 6 of the Act. It is not in dispute that the final statement under Section 9 of the ULC Act was prepared on 13th Mach 1986 and holding of the petitioners to the extent of 6505 sq.mtrs., was declared as excess vacant land within the meaning of the term under the ULC Act. Pursuant to the said final statement prepared u/s. 9 of the ULC Act, the said excess vacant land vested in the State Government under Notification issued u/s. 10[3] of the ULC Act which was published in the Government Gazette on 2nd November 1986. Thereafter, possession of the land in question, as envisaged u/s. 10[6] of the ULC Act, was taken over by the Competent Authority on 14th October 1987. So far as the aforesaid factual aspect of the matter is concerned, there is no dispute on that count. After 14th October 1987, proceedings for determination of compensation under Section 11 of the ULC Act were also initiated. Under order dated 8th February 1988, the said issue was also determined.