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2019 Supreme(SC) 951

D. Y. CHANDRACHUD, INDIRA BANERJEE
Madhusudan Bhanuprasad Pandya – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Petitioner(s): Mr. Nakul Dewan, Sr. Adv. Mr. Hemal Kiritkumar Sheth, Adv. Mr. A. Venayagam Balan, AOR Mr. Vipin Kumar Jai, AOR
For the Respondent(s): Mr. Preetesh Kapur, Sr. Adv. Mr. Aniruddha P. Mayee, AOR Mr. A. Rajarajan, Adv. Mr. Purvish Jitendra Malkan, Adv. Dharita Purvish Malkan, Adv. Mr. Bhaskar Singh, Adv. Mr. Alok Kumar, Adv. Ms. Deepa Gorasia, Adv. Ms. Rumi Chanda, Adv.

JUDGMENT :

Dr. Dhananjaya Y. Chandrachud, J.

1. Leave granted, [SLP(C) No. 24021 of 2013].

2. The appeal arises from a judgment and order dated 24 January 2013 of a Division Bench of the High Court of Gujarat, affirming the dismissal of a Writ Petition by the Single Judge. On 7 July 2005, the Single Judge dismissed a Writ Petition filed by the appellant seeking to set aside an order of the State Government rejecting an application for exemption under Section 20 of the Urban Land (Ceiling and Regulation) Act 1976, [“Act of 1976”].

3. The appellant claims to be engaged in the business of manufacturing cement pipes through M/s General Cement Pipe Company Limited [“Company”] on land bearing Survey No. 288/4 admeasuring 5160 sq m situated at village Chandlodia, Taluka City District, Ahmedabad. The appellant claims leasehold rights in the land under a rent note dated 27 March 1975. Upon the enactment of the Act of 1976 on 12 September 1976, Form I under Section 6(1) was submitted on behalf of the Company, declaring that the land was leased from the original owners. Village form No. 7/12 contained an entry for the years 1979-80 and 1980-81 to the effect that the land had been put to non-agric

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