RAMJANBHAI PIRBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Whether the impugned order of the respondent authority under the Urban Land (Ceiling and Regulation) Act, 1976 (U.L.C. Act) declaring 1,751 sq. mtrs. of land as surplus land is tainted with or suffering from the vice of non-observance of the principles of natural justice is the main issue which has come to the surface in this petition under Arts. 226/227 of the Constitution of India.

(2.) The petitioner had filled in Form No. 1 under Sec. 6(1) of the U.L.C. Act in respect of the holdings before the Competent Officer and Deputy Collector, Urban Land Ceiling, Ahmedabad who upon inquiry held by order dated 25-3-1988 that 1,751 sq. mtrs. of land was surplus land. Being dissatisfied by the said judgment and order of the Competent Authority, the petitioner preferred appeal before the Secretary and Urban Land Tribunal, State of Gujarat, under Sec. 33 of the U.L.C. Act which also came to be dismissed on 31st March, 1990. Hence this petition.

(3.) The learned Counsel for the petitioner has raised the following three contentions : (1) That the impugned orders of the respondent authority declaring 1,751 sq. mtrs. of land as surplus land is passed against dead persons and in violation of the principles of natural justice. (2) That all the three sons of the deceased land-holder are entitled to separate unit each and therefore, the respondent authority has committed serious error in granting only one unit. (3) That the respondent authority has seriously erred in not excluding the constructed portion from the vacant land in view of the settled proposition of law. The aforesaid three contentions are seriously traversed and controverted by the learned Assistant Government Pleader. It is contended on behalf of the respondent authority that the impugned judgment and orders recorded by the Competent Authority and the Appellate Authority are legal and valid.