DINESH CHANDRA MAGANLAL MODI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Special Civil Application under Article 226 of the Constitution of India has been filed against the order Annexure-E dated 11 July 1994 seeking a direction against the State Government to grant exemption to the petitioners in respect of the land bearing Survey No. 1488/3 Paiki under Section 20 of the Urban Land (Ceiling and Regulation) Act 1976 (the Act for short).

(2.) The land in question admeasuring 9 acres 6 gunthas is situated in the limits of the Municipal Corporation Jamnagar. According to the petitioner the land comprises of Survey No. 1488 and the petitioners claim to be the owners of the land admeasuring 2 acres 11 gunthas out of the said Survey Number. The petitioners entered into an agreement to sell the land owned by them with one Shri Jayantilal Hansraj Shah as the proposed promoter of Vijay Co-operating Housing Society. It is also alleged that at that time the Government had issued the guidelines dated 25th October 1979 under the Urban Land (Ceiling and Regulation) Rules 1976 (the Rules for short). The petitioners had applied for exemption under Section 20 of the Act on 12th December 1980 and according to the petitioners this application dated 12th December 1980 was to be considered in accordance with the guidelines issued by the Government on 25th October 1979 While the application dated 12th December 1980 was pending on 16th January 1982 the guidelines earlier issued on 25th October 1979 had been cancelled and the application for exemption moved by the petitioners under Section 20 of the Act was rejected on 27th September 1982 This order of rejection of the Application under Section 20 of the Act passed by the State Government on 27th September 1982 was challenged before this Court in Special Civil Application No. 4636 of 1982. On 10 August 1987 when Special Civil Application No. 4632 of 1982 came up for hearing the learned Counsel appearing on behalf of the Government made a statement that The petitioners application under Section 20 will be decided after giving them an opportunity of hearing in view of the decision of this Court in the case of Nirmalaben vs. State of Gujarat 25 (1) GLR 322.

(3.) Accordingly Special Civil Application No. 4636 of 1982 was allowed and the Rule was made absolute. The State of Gujarat however took the matter to the Supreme Court and the Special Leave to Appeal relating to the order passed in the said Special Civil application No. 4636 of 1982 and other identical matters were decided by the Supreme Court on 10th March 1988 and the Supreme Court passed the order as under : Heard learned Counsel for the parties. The Special Leave Petitions are dismissed subject to the observation that when the matter goes before the State Government for a fresh disposal the decision of the Division Bench of the Gujarat High Court in Nirmalaben Manilal Doshi and Ors. vs. State of Gujarat i.e. 1984 (1) Gujarat Law Reporter p. 322 should be the basis for disposal. After the aforesaid order of the Supreme Court passed way back on 10th March 1988 the Government has now passed the order on 11 July 1994 under Section 20(1) of the Act whereby the application for exemption has been rejected and it is this order dated 11th July 1994 which is impugned in the present Special Civil Application.