POPATJI CHHAGUJI Vs. STATE OF GUJARAT THE SECRETARY

JUDGEMENT

(1.) This appeal under Clause 15 of the Letters Patent is preferred against the judgment and order of learned Single Judge dated 20.12.2006 in Special Civil Application No. 3915 of 1992. The appellants are the original petitioners, claiming ownership and possession of the land bearing survey No. 1284 admeasuring 13,152 sq. mtrs. situated at Vejalpur, Taluka Ahmedabad.

(2.) In the writ petition, the petitioners have prayed to set aside order dated 31.01.1992 of the Urban Land Tribunal at Ahmedabad in Appeal No. 136 of 1991. Also challenged was the order dated 13.07.1988 passed by the competent authority under section 8(4) of the Urban Land (Ceiling and Regulation) Act, 1976 ('the Act' for sake of brevity), declaring 7856.68 sq. mtrs. of land of the petitioners to be excess vacant land. It was further prayed to set aside notifications under section 10(1) and section 10(3) of the Act. The principal contention of the petitioners was that as their application under section 20 of the Act was pending, the authorities could not have proceeded beyond the stage of section 10(2) of the Act, and notification issued under section 10(3) of the Act was illegal.

(3.) A profile of relevant facts in the backdrop was that the petitioners had applied in 1976 for grating exemption to their land under section 20 of the Act, which was granted in respect of entire land on 15.09.1979. The petitioners later wanted to make application under section 21 of Act. Therefore, they filed application dated 07.08.1987 for revocation of order passed under section 20 of the Act. On 10.12.1987, authorities passed order revoking the exemption earlier granted. Thereupon, as per the case of the petitioners, they submitted an application under section 21 of the Act mooting a scheme for construction of dwelling houses for the weaker section. In the meantime, however, the competent authority passed an order under section 8(4) of the Act declaring 7856.68 sq. mtrs. of land as excess vacant land. By order dated 31.08.1989, the application which was made under section 21 came to be rejected. Admittedly, that order dated 31.08.1989 has not been challenged. It appears that by filing an Appeal under section 33 of the Act, order dated 13.07.1988 declaring the land surplus was challenged.