STATE OF GUJARAT Vs. KESHAVLAL CHUNILAL MALI

JUDGEMENT

(1.) xxx xxx xxx.

(2.) As rightly submitted by Shri Thakkar for respondents Nos. 1, 2, and 3, this Court ordinarily does not interfere with the order of remand. By the impugned appellate order at Annexure A to this petition, respondent No. 4 has remanded the matter to the Competent Authority at Vadodara to decide the application afresh as the land-holder had applied for exemption under Section 20(1) of the Act qua the disputed land on 13th August 1976. In view of Rule 11 of the Urban Land (Ceiling and Regulation) Rules, 1976 ("the Rules" for brief) framed under the Act, the time-limit for an application under Section 21(1) of the Act is 1139 days inter alia from the date exemption under Section 20(1) of the Act comes to an end. As pointed out hereinabove, the exemption came to an end some time on 25th August 1985 and the application for permission under Section 21(1) of the Act was made within 1139 days therefrom on 2nd September 1987. Since the matter is found to have been remanded by respondent No. 4 to the Competent Authority of Vadodara by the impugned appellate order at Annexure A to this petition for reconsideration in view of the aforesaid provisions of Rule 11 of the Rules, I think it would be in the fitness of things not to interfere with the order of remand at this stage.

(3.) xxx xxx xxx.