VIPINCHANDRA VADILAL BAVISHI (D) BY LRS. AND ANOTHER Vs. STATE OF GUJARAT AND OTHERS
SUPREME COURT OF INDIA (FROM: GUJARAT)
Vipinchandra Vadilal Bavishi (D) By Lrs. And Another
State of Gujarat and Others
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(1.) The appellants are aggrieved by the judgment and order dated 26.3.2010 passed by the Division Bench of Gujarat High Court dismissing the Letters Patent Appeal No.740 of 2002 holding that the appellants are not entitled to the benefit of the Urban Land (Ceiling and Regulation) Repeal Act, 1999 and thereby upheld the judgment passed by the learned Single Judge in the writ petition filed by the appellants.
(2.) The factual matrix of the case is that the appellants were the owners and land holders of vacant lands situated in different places in the State of Gujarat. When the Urban Land (Ceiling and Regulation) Act, 1976 (in short, "Act of 1976") came into force in August, 1976, the appellants filed the return as required under Section 6 of the Act of 1976 and in the said form the appellants declared their lands situated in village Rajkot, Kothariya and Nana Mauva in the district of Rajkot, Gujarat. The return in the specified form shows that the appellants owned land in survey nos. 1, 2, 7 to 18 and 44 in Village Rajkot and plot nos. 36 to 43 in village Nana Mauva in the district of Rajkot. The wife of the appellant Bipin Chandra Babhishi (appellant No.2) also filed separate return.
(3.) The draft statement was prepared by the authority and final statement under Section 9 was issued showing plot nos. 1 to 16 as excess land held by the appellants beyond ceiling limit.;
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