CHIMANBHAI SOMABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for appropriate writ, order and/or direction, to quash and set aside the impugned order passed by the respondent No.1 - State of Gujarat in cancelling the exemption with respect to the land bearing Survey No.25/1 of village Narol, Taluka : City, District : Ahmedabad as well as the order passed by the Competent Authority as well as the Urban Land Ceiling Tribunal, in declaring the aforesaid land, admeasuring 2424 sq.mtrs. as excess vacant land to the provisions of the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter shall be referred to as "the ULC Act" for convenience).

(2.) Today, when the present petition is taken up for final hearing, Mr.M.R. Mengdey, learned Assistant Government Pleader appearing on behalf of the respondent State has produced on record Affidavit of competent Authority and Dy.Collector (ULC), Ahmedabad, affirmed by Mr.Prakash Makwana dtd.27/8/2010, pointing out that due to the pendency of the present petition, the proceedings has reached upto Notification of Sec.10(1) of the ULC Act only and thereafter no other proceedings have been initiated under sec.10(5) of the ULC Act and even the possession of the aforesaid land in question has not been taken over by the State Government.

(3.) In view of the above Affidavit and the fact that the possession of the land bearing Survey No.25/1 of village Narol, Taluka : City, District : Ahmedabad, has not been taken over by the State Government, the proceedings declaring the land bearing Survey No.25/1 of village Narol, Taluka : City, District : Ahmedabad are required to be declared abated in view of the provisions of the Urban Land Ceiling (Repeal) Act, 1999.