HIRABHAI GANESHBHAI SOLANKI Vs. COMPETENT AUTHORITY

JUDGEMENT

(1.) XXX XXX XXX

(2.) The facts of the case as stated and briefly summarized are that the petitioners are the family members who are nationals and citizens of India having agricultural land cultivated by them bearing Survey No. 211/2/2 and 215/1 admeasuring about 4356 and 1619 sq.mtrs. The exemption was granted under Sec. 20 of the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as the ULC Act) as per the order at Annexure -A. However, the same was withdrawn on the ground that it was required for Industrial Training Institute for which the order at Annexure -C dated 23.6.1986 was passed. It was carried further and the petitioners have filed Form No. 6 and thereafter necessary documents contending that the exemption granted under Sec. 20 is deemed to have continued as the possession is not taken. However, the order at Annexure -D came to be passed by respondent No.1 declaring it to be an excess vacant land.

(3.) The order passed by respondent No.1 Competent Authority was carried by way of Appeal No. 133/91 before the Urban Land Tribunal contending, inter alia, that the land in question were given to the father of the petitioners by Bhoodan Samiti for the personal cultivation and in fact it has been cultivated by the petitioners who are family members as an HUF land. It was submitted that the petitioners are economically backward and belong to the backward class and therefore the said order passed be set aside. The Tribunal dismissed the appeal vide its order dated 30.4.1992.