NATWARBHAI J PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present petition was originally filed by the petitioner Natvarbhai Jivanbhai Patel challenging the order dated 19.10.1989 passed by the Competent Authority and Deputy Secretary (ULC), Surat and the order dated 20.10.1995 passed by the Respondent No.1 State of Gujarat. During the pendency of the petition, the names of petitioner Nos.2 to 4 were added in the cause title pursuant to the order dated 18.03.1999 passed by the Court in Civil Application No.2009 of 1999. The memo of petition was also permitted to be amended pursuant to the order dated 18.03.1999 passed by the Court in Civil Application No.9205 of 1999.

(2.) The undisputed facts as emerging from the record of the case are that the petitioner Narvatrbhai Jivanbhai Patel had filled in the form under section 6 of the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as "the ULC Act" for short) declaring his holdings in respect of various lands including Survey No.43/1 situated at Nana Varachha. The Competent Authority and Deputy Collector (ULC) vide the order dated 19.10.1989 inter alia held that the other lands were either agricultural lands or there were constructions thereon and therefore could not be declared as vacant land, however, the land being Survey No.43/1 admeasuring 10897 sq. mtrs., after deduction of margin land used for canal purpose, and out of the land bearing Survey No.66/2, the land admeasuring 347.97 sq. mtrs., and in aggregate 11244.97 sq. mtrs., of land was liable to be treated as the vacant land. However, the Competent Authority further held that the petitioner and his three sons each were entitled to retain 1500 sq. mtrs., of land out of the said vacant land admeasuring 11244.97 sq. mtrs., and therefore 5244.97 sq.mtrs., of land was the excess vacant land out of Survey No.43/1, Block No.70 situated at village Nana Varachha.

(3.) Pending the petition, the ULC Repeal Act having come into force, the petitioner had sought amendment for incorporating the contentions inter alia, that the petitioner was granted exemption under section 20 of the said Act, however the said exemption having been revoked by the State Government vide order dated 02.09.1989, the petitioner had applied for permission to put up residential units under section 21 of the said Act. The said application was rejected by the competent authority on 05.09.1995, against which the petitioner had preferred Appeal No.70/1995 before the ULC Tribunal. The said Tribunal allowed the said Appeal and remanded the case to the Competent Authority for deciding the application of the petitioner under section 21 of the said Act. According to the petitioner, since the application of the petitioner under section 21 of the ULC Act was pending, the respondent Authority could not have proceeded with the proceedings beyond section 10(3) of the ULC Act.