STATE OF GUJARAT Vs. NARESH HIMMATLAL VORA

JUDGEMENT

(1.) The present petition filed by the petitionerState of Gujarat is directed against the order dated 26.03.1999 passed by the ULC Tribunal in Appeal No.11 of 1999, whereby the Tribunal after condoning the delay of about 11 years occurred in filing the appeal filed by the Respondent Naresh Himmatlal Vora through his power of attorney holder Rajesh Dhirajlal Shingala, had allowed the said appeal setting aside the order dated 30.03.1988 passed by the Competent Authority, Rajkot.

(2.) It is pertinent to note that the said appeal was filed by the Respondent after the Central Government had published Ordinance on 11.01.1999 repealing the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as 'the ULC Act' for short), and impugned order dated 26.03.1999 was passed by the Tribunal in between the period, when the Parliament had already repealed the said ULC Act by the Urban Land (Ceiling and Regulation) Repeal Act, 1999 (hereinafter referred to as 'the Repeal Act' for short) on 18.03.1999 and the State Government had adopted the same with effect from 30.03.1999.

(3.) The short facts leading to the filing of the present petition are that the father of the Respondent Himatlal Vora on behalf of his late wife Kanchanben Vora had filled in the form No.1 under section 6 of the ULC Act declaring her holdings before the Competent Authority. After the scrutiny of the said form, the Competent Authority vide the order dated 30.03.1984 had declared 458 sq. mtrs. of land as the excess vacant land, against which appeal was preferred before the ULC Tribunal. The Tribunal vide the order dated 29.12.1987 had set aside the said order of Competent Authority and remanded the matter to the Competent Authority for deciding it afresh. The Competent Authority thereafter vide the order dated 30.03.1988 held that the landholder held 1234 sq. mtrs., of land as the excess vacant land (AnnexureB). As per the case of the petitioner State, the said order of Competent Authority having remained unchallenged, the possession of the excess vacant land was taken over by the Government on 29.03.1996 after following the due process of law and the order with regard to compensation was also passed by the Competent Authority under section 11 of the ULC Act.