JADIBEN HIRABHAI VEKARIA Vs. COMPETENT AUTHORITY AND DY. COLLECTOR (ULC), RAJKOT AND ANOTHER

JUDGEMENT

(1.) It appears that in respect of the land in question, application under Section 20 of the Act has been filed on 19-12-1976 claiming exemption from the operation of the provisions of the Act. That application has not been decided. Moreover, it is also contended that before finalising the form filled in under Section 6 of the Act, the draft statement has not been served upon the petitioner though petitioner's husband had died meanwhile. Be that as it may. Whether the petitioner was served or not is not very much material in this case and does not require to be decided at this stage. The fact remains that the application under Section 20 of the Act submitted by the petitioner's husband in respect of the land in question is pending and the same has not been decided. In this view of the matter, as held by this Court in the Case of Nirmalaben Manilal Doshi (heirs of Manilal Harilal) and Others v. State of Gujarat reported in 25(1) GLR at page 322, the authorities under the Act ought not to ave proceeded with the form without deciding about the application under Section 20 of the Act. On this ground alone, the petition is required to be allowed.