CR SOLANKI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) AS common question of law and facts arise in both these petitions and with respect to the very land in question, they are disposed of by this common judgment and order.

(2.) SPECIAL Civil Application No.12277 of 1994 has been preferred by the petitioner Chandubhai Ranchhodbhai Solanki to quash and set aside the impugned order dated 30.06.1994 passed by the Urban Land Tribunal, Ahmedabad in Appeal No.Vadodara/56/1993 by which the Urban Land Tribunal has dismissed the said Appeal.

(3.) SHRI Chirag B. Patel, learned advocate appearing on behalf of the petitioner has vehemently submitted that the Revisional Authority has materially erred in quashing and setting aside the order passed by the competent Authority dated 09.08.1990 and consequently declaring 2786 sq. meter of land as excess vacant land from the holding of original declarant Mangalbhai Melabhai. It is further submitted that as such the land bearing survey Nos.67/1 and 67/2 admeasuring 4249 sq. meter of land was partitioned and there was an oral partition and the same was divided into two plots i.e. survey Nos.67/1 and 67/2 and the land bearing survey No.67/2 admeasuring 3541 sq. meter gone in the share of Ranchhodbhai Melabhai and the land bearing survey No.67/1 admeasuring 708 sq. meter gone in the share of Mangalbhai Melabhai. Therefore, it is submitted that the Revisional Authority has materially erred in considering the land bearing survey Nos.67/1 and 67/2 in the holding of Mangalbhai Melabhai and consequently declaring 2786 sq. meter of land as excess vacant land.