VRAJLAL P PATEL Vs. NATIONAL ESTATE CO

JUDGEMENT

(1.) PRESENT petition is arising out of the orders passed by the Competent Authority under the Urban Land (Ceiling and Regulation) Act, 1976 dtd. 27/4/1979 as well as the subsequent order passed by the State Government dtd. 25/4/1989 by holding that the order passed by the Competent Authority under the Urban Land (Ceiling and Regulation) Act, 1976 dtd. 27/4/1979 is not required to be interfered with in the revision.

(2.) IT appears that by order dtd. 27/4/1979 the Competent Authority under the Urban Land (Ceiling and Regulation) Act, 1976 held that the original declarant respondent No. 1 herein is not holding any excess vacant land under the provisions of the Urban Land (Ceiling and Regulation) Act, 1976. It is not the case of the petitioners that at any point of time the State Government has taken over the possession of any of the lands held by the respondent No. 1 original declarant. As such, there was no occasion for the State Government to take the possession, as no land was declared as excess surplus land under the Urban Land (Ceiling and Regulation) Act, 1976. In the meantime and during the pendency of the present Special Civil Application the Urban Land (Ceiling and Regulation) Act, 1976 has been repealed. Under the circumstances and considering the Repealed Urban Land (Ceiling and Regulation) Act present Special Civil Application is required to be ordered to be abated. Accordingly, present Special Civil Application is dismissed as having become abated in view of repeal of the Urban Land (Ceiling and Regulation) Act, 1976. Rule is discharged. Interim relief granted earlier, if any, stands vacated. In the facts and circumstances of the case, there shall be no order as to costs.