STATE OF GUJARAT Vs. KAPILABEN AMBALAL PATEL

JUDGEMENT

(1.) THIS appeal has been preferred by the State of Gujarat against the judgment and order dated 21st December 2005 passed by the learned Single Judge in a writ petition, Special Civil Application No.12602 of 2001. Learned Single Judge held that the action on the part of appellant-respondent of taking possession of the land in question was illegal, as the authorities during the pendency of a scheme/application u/Sec.20 or Sec.21 of the Urban Land (Ceiling and Regulation) Act, 1976, (hereinafter referred to as 'the Act') could have gone only upto the stage of Sec.10(3)) of the Act.

(2.) THE brief case of the respondent-writ petitioner is that the property in question was originally owned by Parsottambhai Patel, who died on 28th January 1976 before the Act came into force. He had five sons, i.e. (1) Ambalal Parsottambhai Patel, (2) Maganbhai Parsottambhai Patel, (3) Babarbhai Parsottambhai Patel, (4) Bhailalbhai Parsottambhai Patel and (5) Ramanbhai Parsottambhai Patel, of whom three had pre-deceased, i.e. Maganbhai, Babarbhai and Bhailalbhai. Ambalal died without heir(s); Maganbhai pre-deceased his father leaving behind (a) his widow Pashiben and (b) son Bhikhabhai; Babarbhai pre-deceased his father leaving behind his heirs (a) widow Kashiben, (b) son Jayantibhai and (c) Jethabhai; and Bhailalbhai predeceased his father, leaving behind his heirs (a) widow Jadaben, (b) son Natwarbhai and (c) son Chandubhai.

(3.) FINAL statement u/Sec.9 of the Act was made by the competent authority on 1st February 1985, and declared the above 12 persons as holders of excess vacant land admeasuring 12385 sq.mts.