BABUBHAI M PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Whether an order under the provision of Sec. 65 of the Bombay Tenancy and Agricultural Lands Act, 1948 ('the Tenancy Act') for assumption of management of land which allegedly remained uncultivated, is legal and valid and secondly what is the impact and ramification of the provisions of Sec. 42 of the Urban Land (Ceiling and Regulation) Act, 1976 ('U.L.C. Act'), are the two main questions requiring examination and adjudication in this petition under Arts. 226 and 227 of the Constitution of India. The petitioners are the agriculturists holding land at Chandkheda, Taluka Gandhinagar, admeasuring 1 acre-37 gunthas. The Deputy Collector passed an order for assuming management of the disputed land which allegedly remained uncultivated for three years which is under challenge in this petition. Sec. 65 of the Tenancy Act reads as under :

(2.) The petitioners had applied for permission under Sec. 21 of the Ceiling Act for exemption from excess land on the ground of a scheme for construction of houses for weaker sections after the petitioners filed a declaration in Form No. 1 under Sec. 6(1) of the U.L.C. Act. Such permission was granted by the competent authority on 6-11-1987. Provisions of Sec. 21 of the Ceiling Act read as under :

(3.) The competent authority granted permission under Sec. 21 of the U.L.C. Act on certain conditions. The disputed land came to be included in residential zone also. However, the said land is shown wrongly to be agricultural land as contended by the petitioners.