RATILAL ICHCHARAM SORATHIA Vs. URBAN LAND CEILING TRIBUNAL

JUDGEMENT

(1.) The petitioners have questioned the legality and validity of the judgment and order passed by the Urban Land Tribunal, Ahmedabad, in Appeal No. Surat 94 of 1992 on 22-9-1993 confirming the order of the Competent Authority dated 30-7-1992 by filing this petition under Arts. 226/227 of the Constitution of India.

(2.) The petitioners are coparcener of Hindu undivided family and are holding the ancestral property bearing Revenue survey No. 114 of village Bhatar, subdistrict Chorasi, Dist. Surat area admeasuring 9,003.60 sq. mtrs. As the Urban Land (Ceiling and Regulation) Act, 1976 ('U.L.C. Act') came into force, the petitioners had filed Form No. 1 under Sec. 6 of the U.L.C. Act. Respondent No. 2 Competent Authority passed order and declared 253.60 sq. mtrs. of land as excess vacant land. Being aggrieved by the said order, the petitioners filed appeal before the Urban Land Tribunal, Ahmedabad. The said appeal came to be dismissed on 22-9-1993. The petitioners, thereafter, applied under Sec. 20 of the U.L.C. Act for marginal land to respondent No. 3 State of Gujarat which also came to be rejected on 3-12-1994. The petitioners had again applied to respondent No. 3 for reconsideration of the order dated 3-12-1994 by giving an application on 16-12- 1994 which also came to be rejected by the respondent No. 3 on 31-9-1995. Hence this petition.

(3.) The learned Advocate appearing for the petitioners has contended that the Competent Authority has committed serious illegality in not giving unit for daughter Taraben. The Competent Authority has given five units of widow and four sons of deceased Ichcharam who was holding the property which was ancestral one. Therefore, it is contended that the Competent Authority ought to have granted six units instead of five units and the Tribunal has committed serious error in confirming the illegal order of the Competent Authority.