SHAKRABHAI ALIAS SHANKERSING VIRABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The short facts of the case are that as per the petitioners, petitioner Nos. 1 and 2 are the owners of the land bearing Survey No. 622 admeasuring 16390 sq.mtr. and land bearing Survey No. 503 admeasuring 15985 sq.mtr. 503 at village Ishanpur in Ahmedabad district. As the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as "the U.L.C. Act"), came into force, the petitioner Nos. 1 and 2 filed separate forms under Sec. 6 of the Act and as per the petitioners, their shares in the land bearing Survey No. 622 inter alia with the other land were declared. On 5-10-1989, the petitioner Nos. 1 and 2 entered into an agreement with petitioner No. 3 which is a Co-operative Housing Society for purchase of the land. As per the petitioners, an application for exemption was made under Sec. 20 of the U.L.C. Act on 7-10-1989. However, on 2/22-11-1989, the order came to be passed by the U.L.C. authority under the U.L.C. Act for declaring 50% of the land bearing Survey No. 622 admeasuring 8888.75 sq.mtr. together with the other land as excess land. It may be recorded that in the said order passed under Sec. 8(4) of the U.L.C. Act by the authority, it was found that in the land bearing Survey No. 622, there is equal share of Shakrabhai @ Shankersing and Galalben. However, the form of Shankersing was processed but the form of Galalben remained pending. It appears that on 17-12-1989, the final statement came to be issued under Sec. 9 of the Act so far as holding of the land by Shakrabhai is concerned declaring various lands as excess land including the land bearing Survey No. 622 (hereinafter referred to as "the land in question"). The notification under Sec. 10(1) of the U.L.C. Act came to be issued on 25-10-1990 qua excess land and on 24-1-1991, notification under Sec. 10(3) of the Act was issued for vesting of the excess land including the land in question in the Government. Thereafter, it appears that as per the State Government, on 18-12-1991, action under Sec. 10(5) of the Act was taken for the possession and the possession also came to be taken over on 18-12-1991.

(2.) As per the Government, the whole Survey No. 622 was comprising of the larger area, but the Government has taken possession of the land, which is declared as surplus land on 18-12-1991, pursuant to the order passed by the U.L.C. authority.

(3.) In the year 1995, Shakrabhai @ Shankersing together with others preferred Special Civil Application No. 2211 of 1995 for the relief inter alia to quash and set aside the order dated 22-11-1989 passed by the U.L.C. authority declaring surplus lands including the land in question as excess land and it was also prayed in the said petition to declare that the petitioners were having no excess land. In the said petition, on 4-5-1995, this Court (Coram : A. N. Divecha, J.) in the petition passed the following order :