VIJAYGIRI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS petition has been preferred challenging the action of respondent competent authority as confirmed by the Urban Land Tribunal under the provisions of the Urban Land (Ceiling and Regulation) Act, 1976 (the Act ).

(2.) THE facts which are not in dispute are that one deceased Vishnuprasad nathalal Bhatt filed Form No. 1 as required under the provisions of Sec. 6 (1)of the Act on 13-8-1976. Though, the said statement was relatable to 12 different properties, the dispute for the present is only in relation to land bearing Survey no. 692/1, admeasuring 6880 sq. mtrs. of Naroda Taluka City District ahmedabad. The competent authority forwarded draft statement with notice under sec. 8 (3) of the Act to deceased Vishnuprasad Nathalal Bhatt and objections thereof were filed on 3-12-1992. After hearing the said gentleman, the competent authority made an order under Sec. 8 (4) of the Act on 27-1-1988 declaring the land admeasuring 6649 sq. mtrs. of land as excess vacant land. Subsequently, the competent authority followed this up by issuing final statement under sec. 9 of the Act on 6-2-1988, notification under Sec. 10 (1) of the Act on 29-2-1988 and the same was published in the Gazette on 28-4-1988.

(3.) THE petitioners carried the matter in appeal before the Urban Land Tribunal (the Tribunal) being Appeal No. 164 of 1988. The said appeal came to be dismissed vide order dated 25-4-1990. It is at this stage that the petitioners have approached this Court raising following three questions :