RAJIV VASRUPAL MEHTA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The order passed by the Competent Authority at Ahmedabad (respondent No. 2 herein) on 15th April 1993 (though communicated on 19th April 1993) under Sec. 8 (4) of the Urban Land (Ceiling and Regulation) Act, 1976 (the Act for brief) as affirmed in appeal by the order passed by the Urban Land Tribunal at Ahmedabad (the appellate authority for convenience) on 31st January 1995 in Appeal No. Ahmedabad-96 of 1993 is under challenge in this petition under Arts. 226 and 227 of the Constitution of India. By his impugned order, respondent No. 2 declared the holding in the hands of the three trustees appointed under one Will and its Codicil executed by one Bai Manek (the deceased for convenience) widow of Sheth Jamnadas Bhagubhai to be in excess of the ceiling limit by 53674 square metres.

(2.) The facts giving rise to this petition move in a narrow compass. The deceased is stated to have executed her will on 25th August 1951 and a Codicil on 3rd September 1952 with respect to her properties. She appointed some three persons, named, Chandrakant Chhotalal Gandhi, Chandrakant Bakubhai and Vimalshah Bababhai, all of Ahmedabad, as, the executors of the properties mentioned in the testamentary documents executed by her. The properties left by her included certain properties within the urban agglomeration of Ahmedabad. On coming into force of the Act, they filed their declaration in the prescribed form under Sec. 6 (1) of the Act as the executors of her testamentary documents with respect to her properties within the urban agglomeration of Ahmedabad. That form was processed by respondent No. 2. After observing necessary formalities under Sec. 8 of the Act, by his order passed on 15th April 1993 (though communicated on 19th April 1993), respondent No. 2 treated the executors of the testamentary documents of the deceased to be an association of persons and to be holders of the properties mentioned in the testamentary documents and declared their holding to be in excess of the ceiling limit by 53674 square metres. Its copy is at Annexure-E to this petition. They therefore carried the matter in appeal through one executor before the appellate authority under Sec. 33 of the Act. It came to be registered as Appeal No. Ahmedabad-96 of 1993. By the order passed on 31st January 1995 in the aforesaid appeal, the appellate authority dismissed it. Its copy is at Annexure-F to this petition. The aggrieved petitioners have thereupon approached this court by means of this petition under Arts. 226 and 227 of the Constitution of India for questioning the correctness of the order at Annexure-E to this petition as affirmed in appeal by the appellate order at Annexure-F to this petition.

(3.) It appears that under the testamentary documents the original executors have been empowered to take some person or persons as executors of the properties left behind by the deceased. The constitution of the Body of Executors has thereupon undergone some changes as transpiring from the statement annexed at Annexure-B to this petition. Copies of the testamentary documents executed by the deceased are collectively at Annexure-A to this petition. A copy of the declaration filed in by and on behalf of the executors under Sec. 6 (1) of the Act is at Annexure-D to this petition. Learned Assistant Government Pleader Shri Sompura had kept one official from the office of respondent No. 2 present in this court with the necessary record of the case. It was fairly shown to me. Its perusal clearly indicated that a copy of the declaration at Annexure-D to this petition tallied with the original declaration found in the record.