STATE OF GUJARAT Vs. ASPI DUNGAJI DARUWALA

JUDGEMENT

(1.) This appeal is filed against judgment and order dated February 15, 1991 passed in Special Civil Application No. 8885 of 1990.

(2.) The respondents were original petitioners. They filed the above petition for an appropriate writ, direction and/or order directing the respondent (present appellant) to consider the application filed by the petitioners for allotment of land under Sec. 23 of the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as "the Act") to the petitioners. Interim prayer was also made not to dispose of the land to the extent of 596 sq. mts. from Survey No. 189/D corresponding to final Plot No. 223.

(3.) It was the case of the petitioners that they held land bearing old Survey No. 189-B of Town Planning Scheme No. 14 admeasuring 5,220.04 sq. mts. of Dariapur- Kazipur, Ahmedabad. Since the land held by the petitioners was in excess of land permitted to be held under the provisions of the Act, they filled in Form No. 1. It was scrutinised by the Competent Authority and the Competent Authority & Additional Collector, Ahmedabad, declared 596 sq. mts. as excess land under the Act. The petitioners, therefore, preferred an appeal before the Urban Land Ceiling Tribunal, which came to be dismissed and the order passed by the Competent Authority was confirmed.