LAWS(GJH)-2013-2-153

BHARATKUMAR SUMANTRAI PATEL Vs. STATE OF GUJARAT

Decided On February 01, 2013
Bharatkumar Sumantrai Patel Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) THE petitioners by this petition have challenged the order passed by the Competent Authority dated 26.9.1995 as well as its confirmation thereof by the Tribunal dated 29.6.1996 under the Urban Land (Ceiling and Regulation) Act, 1976 (herein after referred to as the Act) as the scheme under Section 21 of the Act has not been sanctioned.

(2.) THIS Court had passed the order of admission of the petition as back as on 13th September, 1996 and ad-interim relief was granted by maintaining status-quo with respect to the land in question. It appears that thereafter, the affidavit-in-reply has been filed by Shri J.B.Patel, Additional Collector (Co-ordination); wherein at paragraph No.10, it has been mentioned as under:

(3.) AS per the provisions of the Urban Land (Ceiling and Regulation) Repeal Act, 1999, if the possession is not taken over under the Act of 1976, by virtue of Section 4 of the Repeal Act, the proceedings shall stand abated under the Act of 1976.