BHARAT OIL INDUSTRIES Vs. URBAN LAND CEILING TRIBUNAL

JUDGEMENT

(1.) THIS appeal under Clause 15 of the Letters Patent Act is directed against the judgment dated 08. 03. 2001 of the learned Single Judge dismissing the appellant's Special Civil Application on the ground that the petition involved disputed questions of fact.

(2.) THE petitioner had filed a form under the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as "the Act of 1976" ). The Competent Authority passed the order dated 16. 12. 1982 declaring 11956 sq. mtrs. as excess vacant land. The appellant's appeal came to be partly allowed by order dated 28. 01. 1987 of the Urban Land Ceiling Tribunal and the matter was remanded to the Competent Authority on the ground that the appellant's application for exemption under Section 20 of the Act of 1976 was still pending. The said exemption application came to be rejected by the State Government on 25. 09. 1991. Hence, the Competent Authority proceeded further and issued notification under Section 10 (3) of the Act of 1976 on 21. 01. 1993, which was published in the Government Gazette on 25. 03. 1993. Thereafter, the notice under Section 10 (5) of the Act of 1976 was issued on 22. 04. 1993. At that stage, the petitioner filed Special Civil Application No. 6620 of 1993 on 07. 07. 1993. It appears that during pendency of the petition ad-interim stay was granted and ultimately, by judgment dated 15. 07. 1995, the writ petition came to be dismissed on merits.

(3.) THEREAFTER, the Competent Authority again issued notice on 28. 09. 1995 for taking over possession of the excess land in question from the petitioner and as per the case of the Competent Authority, the possession of the land was taken over on 17. 10. 1995 in presence of Panchas. Thereafter, the appellant filed the petition leading to filing of the present appeal, challenging the final statement issued by the Competent Authority under Section 9 of the Act, the order of the Urban Land Tribunal partly allowing the appeal preferred by the petitioner and remanding the matter to the Competent Authority, and also the notification under Section 10 (3) dated 21. 01. 1993 and the notice under Section 10 (5) dated 22. 04. 1993.