VIPINCHANDRA VADILAL BAVISHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The short facts leading the case are that the petitioners were the owners of the land in question situated at Rajkot and when the Urban Land (Ceiling & Regulations) Act, 1976, (hereinafter referred to the Act) came into force on 20/08/1976, form No. 1 under Sec. 6 of the Act was filed by the petitioner No.1 and in the said form it was interalia declared by the petitioner vide item No. 4 that the petitioner is holding the land situated at Village Nana Mava bearing survey no. 71, plot No. 36 to 43 admeasuring 4610.41 Sq. Mtrs. It was also stated that the holding of his wife Ushaben Vipinchandra Bavisi who is petitioner No. 2 herein, has also filed separate form on 3.11.1982.

(2.) The draft statement was prepared which was served upon the petitioner and thereafter, the matter was considered under sec. 8 of the Act by the Addl. Collector and the Competent Authority under the U.L.C, Rajkot and the decision was rendered on 27.2.1986, whereby vide the item No. 3 of the operative portion of the order it was inter alia decided that for the land bearing survey No. 71 of plot No. 36 to 43, admeasuring 4610 Sq. Mtrs. the exemption application was made for commercial use. However, the same has been rejected by the Government in the year 1983 and therefore, the said land is not retainable land and hence, the land bearing survey No. 71 of plot no. 16, is to be treated as the holding by the petitioner. However, in stead of recording the actual measurement of 4610 Sq. mtrs. measurement mentioned was 9031 Sq. Mtrs. In the very order, thereafter, vide para No. 6, the details of lands which were declared surplus were mentioned. So far as the land situated at Nana Mava, bearing survey No. 71, (hereinafter referred to as the land in question for the purpose of indicating the village and survey numbers) is concerned, in column No. 4, instead of mentioning 16 plots or plot Nos. 36 to 43, it was mentioned as plot no. 1 to 16 and in the column No. 5, of the measurement in stead of 4610 Sq. Mtrs. it was mentioned as 9031.71 Sq. Mtrs.

(3.) Thereafter, on 24.3.1986, the notification under Sec. 10(1) of the Act was published declaring the land in question to gather with the other land as surplus land. However, the numbers of plots and the measurements were described as plot No. 1 to 16. instead of either 16 plots or plot No. 36 to 43 and the area was mentioned as of 9030.71Sq. Mtrs. in stead of 4610 Sq. Mtrs.