BAVABHAI TAPUBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Letters Patent Appeal is in the second round of litigation by the land holder - Shri Bavabhai Tapubhai Patel, Morbi Road, Rajkot, aggrieved by a short order passed by the learned Single Judge on 08.12.2006 (Coram: P.B. Majmudar, J.) dismissing Special Civil Application No.10914 of 2003 on the basis of the order dated 08.03.2002 passed by the Secretary (L.R.) (Mr.S.C. Sanehi), Revenue Department, State of Gujarat, on 08.03.2002, in pursuance of an order dated 15.10.2001 in Special Civil Application No.704 of 2001 regarding the factum of possession of the land situated in Survey No.106 of Morbi Road, Rajkot Taluka, which is the subject matter of present litigation under the provisions of the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as "ULC Act").

(2.) The said Act enacted in 1976 was repealed with effect from 30.03.1999. The said Act was enacted with the object to takeover the excess/surplus land of the land holders in urban limits for its utilization for the purpose of giving the same to poor and needy people and other public purposes.

(3.) This Court recently had occasion to deal with the several such cases and has decided some of the controversies and issues under the said Act in the some judgements, to which a reference will be made hereinafter, once the litigative history of present appeal and the facts in brief are narrated hereinbelow: