STATE OF GUJARAT Vs. JITENDRA CHHABILDAS DAVE

JUDGEMENT

(1.) THIS Appeal under Clause 15 of the Letters Patent is directed against the judgment and order dated 15th March, 1996 of the learned Single Judge of this Court, by which the learned Single Judge allowed the writ petition and set aside the order dated 4th September 1993 of the Deputy Collector, Viramgam in Consolidation Case No. 39 of 1993, as confirmed in revision by the State Government on 11th January 1995.

(2.) THE respondents No. 1 and 2 herein (original petitioners) purchased from the respondents No. 3 and 4 herein two pieces of lands, admeasuring 606 sq. yards and 1,000 sq. yards from Survey No. 241/3, which was admeasuring 3,743 sq. mtrs. , situated in Village Bodakdev within the Urban Agglomeration, Ahmedabad under registered sale deeds dated 29. 4. 1989. The respondents No. 1 and 2 entered into the said transactions after the competent authority under the Urban Land Ceiling Act granted permission by order dated 27/28th February 1989 to respondents No. 3 and 4 herein, to sell the said two parcels of lands to respondents No. 1 and 2 herein (original petitioners ).

(3.) THE respondents No. 3 and 4 herein had filed declaration under Section 6 (1) of the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as "the ULC Act" for short), in the prescribed form, with respect to their holdings within the Urban Agglomeration, Ahmedabad, including the lands in question. By order dated 13th December 1985 of the competent authority under the ULC Act, the respondents No. 3 and 4 were shown to have excess holding of 9,011 sq. mtrs. , including part of the lands in question.