GIVNDLAL CHUNILAL DALVADI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Cancellation of permission granted under sec. 21 of the Urban Land (Ceiling & Regulation) Act, 1976, on the ground of non-compliance of some of the conditions subject to which the scheme for building 141 dwelling units for economically weaker sections of the society was sanctioned is the subject matter of challenge in this petition under Article 227 of the Constitution of India.

(2.) On the date on which the petition was entertained by this Court, i.e. in September, 1991, all the dwelling units were fully constructed and occupied by the respective allottees and hence it was thought desirable to decide as to whether the order passed by the Competent Authority dated 30th July 1988 whereby the permission granted u/s. 21 is cancelled declaring the land in question as excess vacant land and applying the provisions of Chapter ; III of the Urban Land (Ceiling & Regulation) Act, 1976, shall be permitted to stand or shall have to be quashed and set aside with appropriate direction. Incidentally it should be stated that the order of Competent Authority is confirmed in Appeal u/s. 33 of the said Act by the Additional Urban Land Tribunal by Judgment and order dated 7th October 1988.

(3.) In order to appreciate the challenge of the petitioner to the aforesaid two orders it would be necessary to set out the relevant facts hereunder: