CHANDULAL P PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present petition is filed under Article 226/227 of the Constitution of India praying for quashing and setting aside the order passed by the competent authority on 22.03.1984 in so far as it relates to the declaration of the excess vacant land and finding that the petitioners were holding excess vacant land. The petitioners have further prayed for the direction to the State Government to dispose of the petitioners' application dated 11.03.1983 seeking exemption under Section 20 of the Urban Land (Ceiling & Regulation) Act, 1976. The petitioners have further prayed for quashing and setting aside the Notification issued under Section 10(3) of the Act on 20.05.1989 and the notice dated 31.05.1990 issued by the competent authority by holding that the orders made by the competent authority and confirmed by the appellate authority are illegal and contrary to law. The petitioners have prayed for, by way of an interim relief, seeking stay against the operation of the impugned orders in so far as it relates to the excess vacant land till the pendency and final disposal of the petition.

(2.) This petition was filed on or around 20.04.1992 and this Court has issued notice on 07.05.1992 and the respondents were directed not to take possession of the parcel of land in question, if the possession was not taken over. This Court has issued Rule on 24.02.1994 and the ad-interim relief granted earlier was ordered to continue till further orders, if the petitioners have not lost possession of the subject matter of the petition. The Court has further observed that if this possession has already been taken, the respondents were directed not to allot that land or any part of it to anyone.

(3.) It is the case of the petitioners that one Mr. Prahaladbhai Ramdas Patel, the father of petitioner Nos.1 to 6 and the husband of the petitioner No.7 filed Form under Section 6 of the Act. The said Prahaladbhai expired on 31.08.1978. In the Form filed by the deceased Prahaladbhai, it has been specifically mentioned that the properties stated in the Form were ancestral property. It was also stated in the Form that Survey No.269/1, 552/1 & 552/2 are agricultural lands and agricultural operations were carried on. Alongwith the Forms, the deceased Shri Prahaladbhai also filed revenue records 7 & 12 forms and also filed property card along with the Form. The competent authority issued draft statement in the name of the deceased in 1982. The petitioner No.1 appeared on 01.01.1983 before the competent authority and gave an application that his father expired on 31.08.1978 and submitted a Certificate issued by the authority. The competent authority acknowledged the application dated 01.01.1983 wherein the petitioner No.1 has also reiterated that the said three Survey Nos. were agricultural lands and could not be treated as vacant land and also stated that the properties were ancestral one. In the said application, the petitioner No.1 has also stated that Survey No.84 was used as Vada land and the same could not have been treated as vacant land and therefore, the petitioners were not holding excess vacant land. The competent authority, however, vide his order dated 22.03.1984 held that there was excess vacant land to the extent of 26,407 Sq. Mtrs. and the said order was sent to the deceased by the respondent No.1 which was returned to the office of the respondent No.1 with the endorsement "addressee expired". On receipt of the final statement under Section 9 of the Act, the petitioners obtained copy of the order passed by the respondent No.1 dated 22.03.1984.