BABUBAI MAFATBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Ms.Amita Shah, Learned Assistant Government Pleader waives service of notices of Rule for respondents Nos.1 and 2. Mr.Tattvam K. Patel, learned advocate waives service of notices of Rule for respondents Nos.3 and 4. On the facts and in the circumstances of the case and with the consent of learned counsel for the respective parties, who have finally argued and also submitted their written submissions, the petition is being heard and decided.

(2.) This petition under Article226 of the Constitution of India has been preferred, challenging the orders dated 04.06.2013 and 19.08.2013, passed by the Revenue Department of the State Government and the Competent Authority Urban Land Ceiling (ULC), whereby land admeasuring 1037.72 sq. mtrs and 593.68 sq.mtrs. from Survey No.702/2, village Makarba ("the land in question") has been allotted to respondents Nos.3 and 4. It is further prayed that this Court may hold that the petitioner is entitled for the benefit of the Urban Land (Ceiling and Regulation) Repeal Act, 1999 ("the Repeal Act", for short) and that the petitioner is in legal possession of the land admeasuring 1330 sq.mtrs. situated in Revenue Survey No.702/2 and restrain the respondent authorities from taking possession of the said land or creating any obstruction thereupon.

(3.) The petitioner has further challenged the notice dated 11.11.1990 issued under Section10(5) of the Urban Land (Ceiling and Regulation) Act, 1976 ("the ULC Act", for short) and has prayed for a declaration that no legal possession has been taken of the land in question and that such possession cannot be taken from a dead person.