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1987 Supreme(SC) 854

E.S.VENKATARAMIAH, K.N.SINGH
State Of Gujarat – Appellant
Versus
Parshottamdas Ramdas Patel – Respondent


Advocates:
B.K.MEHTA, G.A.SHAH, G.RAMASVAMY, H.S.PARIHAR, HAMID QURESHI, M.N.GOSVAMI, M.N.SHROFF, P.V.NANAVATI

Judgment

VENKATARAMIAH, J. :- These appeals by special leave are filed against the common judgment in eight writ petitions on the file of the, High Court of Gujarat. The respondents in these appeals i.e. the petitioners in the said writ petitions questioned the applicability of the provisions of the Urban Land (Ceiling and Regulation) Act, 1976 (Act 33 of 1976) (hereinafter referred to as the Act) to several pieces of land belonging to them situated within the limits of the Ahmedabad Municipal Corporation. They raised three contentions before the High Court (i) that the Act was beyond the legislative competence of Parliament in so far as the State of Gujarat was concerned; (ii) that the lands in question were not vacant lands as defined in the Act and, therefore, the proceedings instituted in respect of them under the Act were liable to be quashed; and (iii) that the land acquisition proceedings under the Land Acquisition Act, 1894 which had been initiated in respect of the lands in question should be completed and the Land Acquisition Officer should be directed to pass awards in favour of the respondents. The writ petitions were resisted by the State of Gujarat and despite such opp
























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