K LAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In all these petitions under Article 226 / 227 of the Constitution of India, a common question of law based on the facts narrated hereinafter arises for consideration of this Court. The original land owners, petitioners of Special Civil Application No. 6210 of 1990 and purchasers prior in point of time of coming into force of the Urban Land Ceiling Act, 1976,, 1976 petitioners of Special Civil Application No. 11046 of 2010 claim the benefit of the Repeal Act, 1999, 1999 and therefore pray that as the possession of the lands is still with them, the same be continued. In addition to the Repeal Act, 1999,, 1999, it is their case that once the mandatory provisions of Section 10(5) and Section 10(6) of the Urban Land Ceiling Act, 1976,, 1976 have not been followed, they are entitled to the aforesaid relief.

(2.) The facts in brief are as under:

(3.) Submissions of learned AGP in Special Civil Application No. 16308 of 2012 : Mr.Jayneel Parikh, learned Assistant Government Pleader, would submit that the Tribunal grossly erred in remanding the matter when the respondents had challenged the order before the Tribunal after 15 years. Once the original land owners (petitioners of Special Civil Application No. 6210 of 1990) had failed in their challenge upto the High Court to the order of the competent authority, no second round of litigation could have been initiated. Once the Tribunal had upheld the proceedings under the Act in the first round by an order dated 30.08.1986, the second appeal was not maintainable.