BABUBHAI NARANBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) . Rule. Mr. T. H. Sompura, learned Assiatant. Government Pleader, waives service of the notice of Rule on behalf of the respondent.

(2.) . At the request of both the sides, this Special Civil Application is taken up for final hearing.

(3.) . It is very clear from the order passed by the Urban Land Tribunal that the question regarding the set back was to be decided suitably by the Competent Authority. This order was passed by the Additional Land Tribunal and Secretary to Government, Revenue Department, on 22nd February 1988, while computing the excess vacant land made by the Competent Authority. The order dated 22nd February 1988 passed by the Additional Land Tribunal and Secretary to Government, Revenue Department also shows that a copy of this order was endorsed to the Competent Authority and Additional Collector, Baroda, along with the case papers. It appears that the present petitioners under some mistaken belief or mistaken advice, approached the Secretary, Revenue Department, Government of Gujarat, on 23rd March 1989 and thereupon, and order was passed on 21st July 1993, rejecting the petitioners' request for granting exemption under Section 30 of the Urban Land (Ceiling & Regulation) Act, 1976 (' the Act" for short) with regard to the land for set backs and, thereafter the present Special Civil Application has been filed.