LAWS(GJH)-1996-4-31

JAGDISHBHAI NAGARBHAI PATEL Vs. STATE OF GUJARAT

Decided On April 12, 1996
JAGDISHBHAI NAGARBHAI PATEL Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) The short question which has come to the surface in this petition under Art. 226 of the Constitution is as to whether a revision under Sec. 34 of the Urban Land (Ceiling and Regulation) Act, 1976 ('U.L.C. Act', for short) is maintainable after the appeal is heard against the same order.

(2.) The petitioner has questioned the show cause notice issued pursuant to purported exercise of powers of suo motu revision under Sec. 34. The impugned show cause notice alongwith stay order came to be issued on 1-9-1995 for reviewing order dated 2-4-1994 which came to be passed by the Competent Authority and Additional Collector, Surat ('the competent authority' for short) declaring 3,790 sq. mts. of land as excess vacant land which had been confirmed in U.L.C. Appeal No. 69 of 1994 by the Urban Ceiling Tribunal ('the Tribunal' for short) by its order dated 1-9-1995.

(3.) Sec. 34 reads as under :