STATE OF GUJARAT Vs. NATVERLAL MAHJIBHAI PATEL
LAWS(GJH)-2016-9-234
HIGH COURT OF GUJARAT
Decided on September 29,2016

STATE OF GUJARAT Appellant
VERSUS
NATVERLAL MAHJIBHAI PATEL Respondents

JUDGEMENT

Bela M. Trivedi, J. - (1.) The petitioner - State of Gujarat, by way of present petition, filed under Article 226 of the Constitution of India, has challenged the order dated 27.01.1995 passed by the Urban Land Tribunal, Ahmedabad (hereinafter referred to as 'the Tribunal), in the appeal No. 54 of 1995 (Annexure 'A'), whereby the Tribunal while allowing the appeal filed by the respondent No.1 has not only condoned the delay of about more than ten years occurred in filing the appeal but has also set aside the order dated 20.12.1984 passed by the competent authority, remanding the case to the competent authority for deciding it afresh under the provisions contained in the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as 'the said Act').
(2.) A few facts germane for the purpose of deciding the present petition are that the respondent No.1 had filled in the form No.1 declaring his holdings under Section 6(1) of the said Act on 09.03.1984. The competent authority after considering the relevant material, passed the order dated 20.12.1984 holding inter alia that the respondent No.1 held the excess vacant lands as per the schedule annexed to the said order. The said order came to be challenged by the respondent No.1 after about ten years by filing the appeal being No. 54 of 1994 before the Tribunal, who without assigning any cogent reason entertained the grossly time barred Appeal and set aside the order dated 20.12.1984 passed by the competent authority, vide the impugned order dated 27.01.1995, and remanded the case to the competent authority. It appears that in the meanwhile, the petitioner - State had drawn the final statement on 31.12.1984 under Section 9 of the Act, issued the notification under Section 10 (1) on 25.04.1985, the notification under Section 10 (3) on 18.07.1985, and the notice under Section 10(5) on 07.01.1986, and had ultimately taken over the possession of the surplus lands in question on 25.03.1986.
(3.) It further appears that earlier the present petition was disposed of as per the order dated 11.08.1999, after the Urban Land (Ceiling and Regulation) Repeal Act, 1999 (hereinafter referred to as 'the Repeal Act') had come into force. The respondent No.1 having filed the Misc. Civil Application being No. 1628 of 1999 seeking review of the said order, the said application was dismissed by the Court vide the order dated 10.09.1999. The respondent No. 1 thereafter preferred two Letters Patent Appeals being No. 1281 of 1999 and 1282 of 1999, against the said orders passed by the learned Single Judge in the petition as well as in the Misc. Civil Application. The said appeals came to be allowed by the Division Bench vide the order dated 27.01.2000, whereby the Division Bench directed the Single Bench to decide the petition afresh.;


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