CHANDRAKANT NYALCHAND VAKIL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE petitioner being aggrieved by order passed by the appellate authority dated 03 -11/12/2003 is before this Court praying that orders at Annexure 'D', 'E' and 'I' be quashed and set aside and it be declared that the petitioner does not hold any surplus land within the meaning of the terms of the ULC Act.

(2.) THE matter was heard at length. Learned advocate Mr.Sharma could not successfully assail the order impugned so far as it relates to the lands other than Rajkot lands. However, the order is required to be modified to the extent that the land held by the petitioner in Rajkot admeasuring 2848 sq. meters, which is declared surplus, without considering that the petitioner is entitled to get one unit. Rajkot being in Category 'C', one unit consists of 1500 sq. meters. The entire land admeasuring 2848 sq. meters which is declared excess is required to be modified and the land admeasuring 1348 sq. meters only is required to be taken.