NEW JALARAM PARK CO OP HOUSING SOCIETY LIMITED Vs. RAMCHANDRA M CHAUHAN

JUDGEMENT

(1.) Would an agreement to sell vacant land in favour of a party confer any right to be heard by the competent authority ? The question arises in the context of Rule S of the Urban Land (Ceiling & Regulation) Rules 1976

(2.) The petitioners feel aggrieved by an order dated 14/10/1982 passed by the Competent Authority under the provisions of the Urban Land (Ceiling & Regulation) Act 1976 (hereinafter referred to as the Act). A copy of the order is produced at annexure-A to the petition. Petitioner No. 1 is a Co-operative Housing Society and petitioner No. 2 is a member of the said society. The petitioners contend that an agreement to sell was entered into with the holder of the land by one Jalaram Land Development Corporation on 16/10/1974 The said agreement was with respect to 10000 sq yds. of land of Survey No. 458 of village Vejalpur situated within the urban agglomeration area of Ahmedabad. The entire survey number admeasures about 15730 sq. yds. of land. The aforesaid Jalaram Land Development Corporation entered into an agreement to sell the land with petitioner No. 1 - Society on 28/04/1975 The society got itself registered under the provisions of the Gujarat Co-operative Societies Act 196 2/05/1976 In respect of the land in question an application dated 26/05/1976 submitted by the land-holder to the Government under Sec. 20 of the Act praying that exemption from the operation of certain provisions of the Act be granted in respect of the land. The Government granted exemption in respect of 4000 sq. yds. of land. A copy of the order is produced at annexure-D to the petition. In the proceedings pursuant to the form filled in by the land-holder under Sec. 6 of the Act the Competent Authority after affording an opportunity of being heard to the land-holder passed an order under Sec. 9 of the Act on 14/10/1982 As per this order the Competent Authority came to the conclusion that land admeasuring 5068 sq. ads. was in excess of the ceiling limit. This order is challenged by the petitioners who are not the land-holders. Petition is essentially under Art. 227 of the Constitution of India.

(3.) It is contended by the petitioners that in view of the provisions of Rule 5 of the Urban Land (Ceiling & Regulation) Rules 1976 the petitioner-Society was entitled to be served with a draft statement prepared under Sec. 8 of the Act. It is further contended that the petitioner-Society ought to have been afforded an opportunity to submit its objections against the draft statement and the Society ought to have been heard before the final statement is prepared by the Competent Authority. Admittedly no draft statement under Sec. 8 of the Act is served upon the petitioner-Society and no such opportunity of being heard has been afforded to the petitioner before preparing the final statement. Hence it is contended that the order annexure-A to the petition dated October 14 82 be quashed and set aside.