TULSHI DHARMSI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner no. 1 is the original land holder. He was having agricultural land in excess if the ceiling limit and u/s. 20 of the Urban Land (Ceiling and Regulation) Act 1976 (hereinafter referred to as the Act) by an order dt. 8.3.79 Government exempted his land from the provisions of Chapter-3 of the Act on the following three conditions: 1 That the Land should be used for agricultural purposes. 2. Than without prior permission of the Government the land shall not be transferred or divided. 3. If there is breach of the conditions the exemption would be liable to be cancelled u/s. 20 of the Act.

(2.) The petitioner no. 1 was issued a notice dated 4.5.84 asking as to why the exemption should not be cancelled as there was breach of the aforesaid conditions. Ultimately the exemption has been cancelled by the order dated 5.10.87.

(3.) The petitioner no. 2 is the purchaser of the land from petitioner no. 1. As stated in para 6 of the petition by a sale deed dt. 27.4.81 the petitioner no. 1 sold the land to the petitioner no. 2 for a consideration of Rs. 45 0 and the possession has been handed over to the petitioner no.2 in the year 1981.