DILAVARSINH KHODUBHA JADEJA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By means of this petition under Arts. 226 and 227 of the Constitution of India, the petitioner has questioned the correctness of the order passed by and on behalf of the State Government (respon- No. 1 herein) on 23/08/1984 rejecting his application for exemption under Sec. 20(1) of the Urban Land (Ceiling and Regulation) Act, 1976 ('the Act' for brief) with respect to Survey Nos. 17 and 59 situated at Nana Mauva within the urban agglomeration of Rajkot ('the disputed lands' for convenience) and also of the order passed by the Competent Authority at Rajkot on 27/02/1986 in U.L.C. Case No. 1731 as affirmed in appeal by the order passed by the Urban Land Tribunal at Ahmedabad (Respondent No. 3 herein) on 28/12/1988 in Appeal No. Rajkot 49 of 1986. By his impugned order, the Competent Authority declared the holding of the petitioner to be in excess of the ceiling limit by 54,886.44 sq. metres.

(2.) The facts giving rise to this petition move in a narrow compass. The petitioner was holding certain properties within the urban agglomeration of Rajkot as on 17/02/1976. He filled in the prescribed form under Sec. 6(1) of the Act with respect to his aforesaid holding. It appears that his holding included the disputed lands. The petitioner appears to have made an application under Sec. 20(1) of the Act for grant of exemption with respect to the disputed lands. By the order passed by and on behalf of respondent No. 1 on 5/12/1983, his application came to be rejected. Its copy is at Annexure 'A' to this petition. That order was challenged before this Court by means of Special Civil Application No. 1145 of 1984. This Court accepted that petition and set aside the order at Annexure 'A' to this petition and remanded the matter to respondent No. 1 for its fresh decision according to law with respect to the petitioner's claim for exemption under Sec. 20 (1) of the Act qua the disputed lands. After giving an opportunity of hearing to the petitioner through his Advocate, by the order passed by and on behalf of respondent No. 1 on 23/08/1984, the petitioner's application for exemption under Sec. 20(1) of the Act with respect to the disputed lands came to be rejected. Its copy is at Annexure 'B' to this petition. The petitioner has questioned its correctness in this petition under Arts. 226 and 227 of the Constitution of India.

(3.) After the order at Annexure 'B' came to be passed, the proceeding arising from the prescribed form filled in by the petitioner under Sec. 6(1) of the Act was taken up for its disposal according to law. Apropos, a draft statement came to be prepared and served to the petitioner in accordance with Sec. 8 of the Act. He filed his objections thereto. After hearing the petitioner, by the order passed on 27/02/1986 in the aforesaid proceeding, the Competent Authority at Rajkot declared the petitioner's holding to be in excess of the ceiling limit by 54,886.44 square metres. Its copy is at Annexure 'C' to this petition. The aggrieved petitioner carried the matter in appeal before respondent No. 3 under Sec. 33 of the Act. It came to be registered as appeal No. Rajkot-49 of 1986. By the order passed on 28/12/1988 in the aforesaid appeal, respondent No. 3 dismissed it. Its copy is at Annexure 'D' to this petition. The aggrieved petitioner has thereupon moved this Court by means of this petition under Arts. 226 and 227 of the Constitution of India also for challenging the order at Annexure 'C' to this petition as affirmed in appeal by the appellate order at Annexure 'D' to this petition.