Gujarat High Court Case Information System
Print
SCA/7222/1997 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 7222 of 1997
=========================================================
ISHWARBHAI
LALLUBHAI PATEL - Petitioner(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=========================================================
Appearance
:
MR
PM BHATT for
Petitioner(s) : 1,
MS SHACHI MATHUR AGP for Respondent(s) : 1 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 05/09/2011
ORAL
ORDER
Heard
learned advocate Mr. PM Bhatt on behalf of petitioner, learned AGP
Ms. Shachi Mathur appearing for respondent State authority.
According
to petitioner, he has filled in Form No. 1 u/s. 6(1) of the Urban
Land Ceiling Act, 1976. The said form is scrutinized by Competent
authority and some lands of Survey No. 123 and 120/2+3 is declared
as excess lands. So far Survey No. 123 is concerned, Section 21
application is granted by Competent Authority after some land was
declared as excess, separate petition for that being SCA no.
4217/1997 has been filed by present petition which has been disposed
of by this Court by order dated 7/7/1999. So far Survey no. 120/2+3
is concerned, section 21 application of Urban Land Ceiling Act, 1976
is filed on 19/6/1991 as per Rule 11(b) of Rules after exemption
granted under section 20 is withdrawn on 8/1/1990. The application
which has been preferred by petitioner under section 21 for Survey
no. 120/2+3 is within time and within legal rights. Therefore, such
application could not have been rejected on this ground and because
of section 10 proceeding have been initiated. Therefore, present
petition is preferred by petitioner.
In
this petition, initially this Court has issued Rule to be heard with
SCA no. 4217/1997 by order dated 7/4/1998. The SCA no. 4217/1997 is
prior point of time and this petition is being subsequent petition.
In present petition, no affidavit in reply is filed by respondent.
However, it is necessary to note that in SCA no. 4217/1997 wherein
this Court (Coram: Y. B. Bhatt, J) dated 7/7/1999 has passed
following order:
1. This
petition arises from orders passed under the provisions of the Urban
Land (Ceiling & Regulation) Act, 1976.
2. It is common ground on both sides that the State of Gujarat adopted the Urban Land (Ceiling & Regulation) Repeal Act, 1999 on 30th March 1999.
3. It is also common ground on both sides that by virtue of section 4 of the Repeal Act, all proceedings pending on the said date shall abate.
4. It is so found and accordingly held, and the present petition is disposed of accordingly.
5. Learned AGP states on instructions that the State of Gujarat will abide by the Circular issued by the State Government in the Revenue Department No.ULC/1099-602/V1 dated 15th April 1999.
6. Rule is accordingly discharged with no order as to costs. Interim relief if any stands vacated.”
In
view of aforesaid order passed by this Court where proceeding
pending on the date of Repeal Act before this Court, as per section
4 of Repeal Act present proceeding is shall abate. In this case
also SCA preferred by petitioner on 29/9/1997 and considering Repeal
Act, 1999 on the date on which Repeal Act came into existence, this
proceeding was pending before this Court.
Learned
advocate Mr. Bhatt appearing for petitioner submitted that
possession of land in question has not been taken over by State
Government till date. Therefore, in light of aforesaid order passed
by this Court in SCA no. 4217/1997 present petition is also
accordingly shall abate. Therefore, Rule is made absolute to
aforesaid extent.
(H.K.RATHOD,
J)
asma
Top