CENTRAL ENGINEERING WORKS Vs. COMPETENT AUTHORITY AND ADDITIONAL COLLECTOR RAJKOT
HIGH COURT OF GUJARAT
CENTRAL ENGINEERING WORKS
COMPETENT AUTHORITY AND ADDITIONAL COLLECTOR,RAJKOT
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(1.)Being aggrieved and dissatisfied by the judgment and order dated 20-10-1987 passed by the Urban Land Tribunal in Appeal No. Rajkot 553 of 1984 the petitioner-a registered partnership firm has filed this petition under Art. 226 of the Constitution of India.
(2.)The petitioner-partnership firm filled in form under the provisions of Sec. 6 of the Urban Land (Ceiling and Regulation) Act 1976 (hereinafter referred to as the Act). After considering the objections raised by the petitioner the competent authority by its order dated 23 declared that the petitioner-firm was holding 3624 sq. mts. of land as excess vacant land. The Competent Authority arrived at the conclusion that the petitioner was a registered partnership firm and was holding the land in excess of the ceiling limit. It negatived the contention of the petitioner that for deciding the ceiling limit the land owned by the partnership firm should be considered to be of co-ownership of the partners and as each partner is individually entitled to hold 1500 sq. mts. of land the case of the partnership firm should be decided accordingly. It further negatived the contentions of the petitioner that as an application under Sec. 20 of the Act for exemption was pending the proceedings should be stayed.
(3.)Being aggrieved and dissatisfied by the said judgment and order the petitioner preferred the aforesaid appeal under Sec. 33 of the Act before the Urban Land Ceiling Tribunal which is dismissed by the Tribunal.
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