PRAVINKUMAR R PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE petition is directed against orders Annexure-A and B passed by the Competent Authority and Urban Land Ceiling Tribunal respectively declaring a total of 4474 sq. mtrs. of the land of the petitioner as excess vacant land. Since during the pendency of the petition the Urban Land Ceiling Act came to be repealed and the Repeal Act provided for abatement of legal proceedings relating to order made or purported to be made under the principal Act pending immediately before the commencement of the Act except in those cases were the possession has been taken over by the Government, the question whether the Government had in fact legally taken over such possession on the date of the implementation of the Repeal Act, becomes important. It is in fact around this issue that arguments have been advanced by both sides at length. It may be noted that in the State of Gujarat, Act was repealed with effect from 30. 3. 1999.

(2.) FEW facts may be noted at the outset: the land owner i. e. the present petitioner filed declaration under Section 6 of the Act on 13. 9. 76. On 30. 4. 86, the competent authority declared 4478 sq. mtrs of land as surplus. This order was challenged before the ULC Tribunal in Appeal No. 158/1986. On 21. 7. 86, the petitioner applied for agricultural exemption under Section 20 of the Act. On 7. 8. 86, notification under section 10 (1) of the Act was issued. On 3. 2. 89, appeal was dismissed by the tribunal. Present petition was filed in April 1989.

(3.) ON 19. 1. 1991, Learned Single of this Court while admitting the petition granted order of status-quo.