NATWARBHAI J PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The prayer of the petitioners in this writ petition is for quashing the order dated 19.10.1989 passed by the Competent Authority and order dated 20.10.1995 passed by the State Government by issuing a writ of certiorary. Further prayer was added by seeking amendment in the writ petition for issuing writ of mandamus quashing notification u/s.10(3) of the Urban Land (Ceiling & Reglation) Act published on 26.4.1990 and direction to the respondents to restore possession of the petitioner's land bearing Srvey No.43/1 area 5244 sq.mtrs.

(2.) The facts giving rise to this petition are as under : Petitioner Natvarbhai Jivanlal Patel filled form No.1 under Section 6(1) of the Urban Land (Ceiling & Regulation) Act declaring the properties held by him. The Competent Authority sent draft statement with notice under Section 8(3) of the Act on 19.10.1983. After considering objections of the land holder and after giving full opportunity of hearing to him the competent Authority passed an order on 16.1.1987 whereby it was held that in view of fact that the land holder had been granted agricultural exemption by the Sate Government under Section 20 of the Act the same was excluded from his holding and the application was kept pending as agricultural exempted land. Revision was filed against this order by the State Government under Sec.34 of the Act which was allowed and the order of the competent Authority was set aside on 22.2.1989 and the matter was remanded to the competent Authority. Information was received by the competent Authority from the State Government that the agricultural exemption granted to the petitioner regarding Survey No.43/1 was cancelled. Accordingly form under Sec.6(1) was processed and on 19.10.1989 the competent Authority held that the petitioner was entitled to four units of 1500 sq.mtrs. each, namely, total 6000 sq.mtrs. and 5244.97 sq.mtrs. of land was declared as surplus. Final statement under Sec.9 of the Act was issued on 21.10.1989. Notification under Section 10(1) of the Act was published in the Gazette on 21.12.1989. Notification under Section 10(1) of the Act was published in the Gazette on 26.4.1990. Notice under Section 10(5) of the Act was served on the petitioner on 31.5.1990. Revision was preferred against the order of the competent Authority passed on 19.10.1989 which was rejected by order dated 20.10.1995 and proceedings under Sec.34 were closed. Thereafter the Deputy Collector was authorised to take possession of excess vacant land. Possession of surplus land was taken over on 5.12.1995. Petitioner submitted scheme under Sec.21 of the Act with respect to Survey No.43/1. Competent Authority rejected the same on 5.9.1995. Against this order the petitioner preferred Appeal before the Urban Land Tribunal under Section 33 of the Act. The Tribunal by its order dated 30.9.1996 set aside the order of the competent Authority which was directed to restore the petitioner's scheme under Section 21 to the file for consideration on merits. The matter is still pending and no final decision has been taken on the application under Section 21 because new schedule of rates were not received from the specified Officer and the Superintending Engineer. Accordingly, this writ petition has been filed in which on 19.7.1996 this Court directed the parties to maintain status-quo. However, possession was already taken over by the State Government on 5.10.1995 i.e. before the interim order was passed by this Court.

(3.) The writ petition was filed on 18.7.1996. During pendency of this writ petition Urban Land (Ceiling & Regulation) Act of 1976 was repealed by Act No.15 of 1999. The effect of the repealing Act and the provisions of repeal, saving and abatement contained in this Act have to be taken into consideration as subsequent events and it has to be seen what would be the fate of this writ petition and the impugned order.