DALPATBHAI KARSANBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this petition, the Petitioners have challenged order dated 20-3-1991 passed by the Competent Authority and Deputy Collector, ULC Nanpura, Surat, order dated 1-10 1997 passed by the Deputy Secretary, Revenue Department, Sachivalaya, Gandhinagar, as well as Gazette Notification dated 30-4-1992 declaring agricultural lands of the Petitioners as excess vacant lands under Section 10(5) of the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter for the sake of brevity referred to as 'the Act').

(2.) Facts in short as contended in the petition are that agricultural lands bearing Survey Nos. 58/3 and 59/2 situated at Village Jahangipura, Taluka Choryasi, District Surat, were purchased by the Petitioners by a registered sale deed on 13-4-1978 and entries were mutated in the revenue records. According to the Petitioners, as the said lands were being used for agricultural purposes and as they fell within the Agricultural Zone under ULC Master Plan in 1976, said lands were not vacant lands under the Act and, therefore, the Petitioners did not file form as required under Section 6 of the Act. Father of Respondent No. 3 filed Form No. 1 on 15-9-1976. Competent Authority vide order dated 20-3-1991 declared the lands of the Petitioners as excess vacant lands. Notification in this regard was published in the Government Gazette on 30-4-1992. Deputy Secretary, Revenue Department, Sachivalaya, Gandhinagar, vide order dated 1-10-1997 confirmed the order of Competent Authority. On coming to know of their agricultural lands having declared as excess vacant lands by the Government, this petition has been filed by the Petitioners challenging the aforesaid orders of Competent Authority and Revenue Authority of State Government and also publication of notification in the Government Gazette.

(3.) Heard learned Senior Advocate, Mr. A.J. Patel for Mr. T.K. Patel for the Petitioners and learned AGP, Mr. L.R. Pujari, for the Respondent Nos. 1 and 2.