KHIMJIBHAI HARIBHAI BHARWAD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellants claim to be occupants of land at Surat which admittedly was land declared surplus under the Urban Land (Ceiling & Regulations) Act 1976 which again admittedly is land belonging to the Government.

(2.) The contention of the appellants is that they were in occupation since 1972 along with about 2000 other persons.

(3.) In the affidavit-in-reply it has been categorically stated by the Competent Authority that action was taken under the Urban Land (Ceiling and Regulations) Act 1976 in the year 1977 declaring large area of the land in question as surplus. On 28th April 1977 Notification under Section 10(1) of the said Act was published and objections were invited. No objections were filed and the final Notification under Section 10 was published on 24th November 1983 Notice under Section 10(5) was issued on 6th January 1984 to the original landholder. An appeal which was filed was also decided by the Tribunal on 19th August 1985 and the order of the Competent Authority was upheld. The said order was challenged by way of Special Civil Application No. 5741 of 1985 but the same was dismissed as withdrawn. It is further averred in the reply affidavit that there was no person on the land in question since 1972 and vacant possession of the land was taken by the Competent Authority on 7th June 1984 Petitioner No. 1 himself was one of the signatories to the panchnama to the taking over of the possession in 1984.