CHANDUBHAI GOPALBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) No one is present for the petitioners. Mr. Bukhari, learned Asst. Government Pleader appears for the respondent No.1.

(2.) Heard learned Asst. Government Pleader and perused the petition and the documents annexed therewith. A very short issue arises for consideration in this case. The petitioners are all heirs and legal representatives of one Gopalbhai who died on December 18, 1980 as per the averments made before the competent authority and Additional Collector, Urban Land Ceiling, Ahmedabad in their application before him dated 21.4.1988/10.5.88 in the proceedings out of which the present petition has arisen. The said Gopalbhai had filed a declaration under Section 6(1) of the Urban Land Ceiling Act before his death. As per declaration he held final plot No.82 admeasuring 1845 sq.mts at Vejalpur Moza Vejalpur, District Ahmedabad and another piece of land Final Plot No. 15 at Vasna, Sub district Ahmedabad admeasuring 1020 sq.mts.

(3.) In the first instance by order dated 6.3.82 competent officer held that the petitioners were not holding land in excess of ceiling limit after a draft statement under Section 3(8) of the Act was published on 28.11.1981. Thereafter the State Government exercised its revisional jurisdiction and issued a show cause notice to the petitioners and declared 1893 sq.mts. of the land held by the petitioners as surplus land. Petitioners challenged the said order of the Government by way of Special Civil Application No. 3920 of 1984 before this Court. Before the Court, learned counsel for the respondent-State made a concession that the Government's order under Section 34 ofthe Act declaring 1893 sqmt. of land as excess land shall be treated as cancelled and the representation made by the petitioners shall be considered on merits. In view of that statement, the said order of the State Government was cancelled and the matter was remanded back to the competent authority for fresh enquiry. Thereafter the competent authority respondent NO.1 vide his order dated 21.11.1988 held that the petitioners were entitled to hold land up to one ceiling unit only and declared 1049 sq.mts. of land as excess land. The said order was challenged in appeal before the Urban Land Ceiling Tribunal which appeal was dismissed by order dated 27.8.1990. The petitioners challenges the said orders, in this petition.