STATE OF GUJARAT Vs. URBAN LAND TRIBUNAL

JUDGEMENT

(1.) The State of Gujarat has questioned the legality and validity of the order passed by the Urban Land Tribunal and Ex-Officio Secretary, Revenue Department, Gujarat State, Ahmedabad, on 17th September 1993 in Appeal No. Ahmedabad - 68 of 1993. By the impugned order, the Tribunal allowed the appeal under S.33 of the Urban Land (Ceiling and Regulation) Act, 1976 (for short "the Act") and thereby quashed the order of the Competent Authority dated 23rd March 1993. The Competent Authority, by the said order, had held that the second respondent held more land than the ceiling limit prescribed under the Act.

(2.) The relevant facts giving rise to the present petition is stated as follows :- The second respondent submitted a statement before the Competent Authority under the Act. The necessary notice under S.8(1) of the Act was thereafter issued and the draft statement as required under S.8(3) of the Act was served on the second respondent. By the order dated 17th July 1987 final statement as per the details set out in the order was ordered to be issued holding that the total land admeasuring 6,621 sq. mts. was surplus.

(3.) In view of the aforesaid facts and position, the Competent Authority declared the land admeasuring 5,619.98 sq.mts. as surplus land. The second respondent, therefore, filed appeal before the Urban Land Tribunal under S.33 of the Act. By the order dated 8th June 1989, the Tribunal remanded the matter to the Competent Authority for fresh decision after giving opportunity of being heard to the second respondent. The Competent Authority again passed the order on 30th April 1990 on which the Government reviewed the matter under S.34 of the Act and remanded the matter to the Competent Authority as per the order dated 24th November 1992. The Competent Authority again passed the order dated 15th March 1993 declaring the land admeasuring 1,677.23 sq.mts. as surplus land. The notice under S.9 of the Act was, therefore, issued and final statement was received by the declarant on 14th May 1993.