STATE OF GUJARAT Vs. RAVJIBHAICHHOTABHAI PATEL

JUDGEMENT

(1.) The State of Gujarat and others have preferred this appeal under clause 15 of the Letters Patent challenging the judgment of the learned Single Judge [ Coram : B.C. Patel, J.] dated 16/6/2000 rendered in Special Civil Application No. 2206 of 1986, whereby the learned Judge has decided question regarding the possession of the land forming subject matter of this proceeding in favour of the respondents and has disposed of the petition on the ground of it having abated in light of the repeal of the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as 'the Act').

(2.) Some relevant facts necessary for the present proceedings can be stated as under :-

(3.) Mr. L.R. Pujari, Ld. AGP appearing for the appellants has contended before us that the judgment of the learned Single Judge is erroneous in asmuch as the land in question already vested in the Government under section 10 (3) of the Act and the possession thereof was already taken over by the State Government through the Competent Authorityas early as 1 9/09/1985. Hence, provisions regarding abatement of the legal proceedings would not apply to the present case. He has further submitted that all the legal formalities including taking physical possession of the disputed land have been over and the matter now rests at the stage of determining the amount to be paid for acquiring the vacant land under section 11 of the Act. Provisions of section 4 of the Repeal Act clearly provide that when the matter is pending at the stage of section 11 of the Act, the provisions with regard to abatement of the legal proceedings would not apply. He, therefore, submitted that the judgment of the learned Single Judge is required to be quashed and set aside.