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B. V. NAGARATHNA, R. MAHADEVAN
Dalsukhbhai Bachubhai Satasia – Appellant
Versus
State of Gujarat – Respondent
| Table of Content |
|---|
| 1. factual background regarding land ownership and ulc act. (Para 2) |
| 2. arguments presented by both parties. (Para 3 , 4) |
| 3. court's observations on ulc act provisions and implications. (Para 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21) |
| 4. ratio decidendi regarding possession and abatement of proceedings. (Para 22 , 23) |
| 5. final conclusion and order. (Para 24) |
JUDGMENT :
1. This civil appeal assails the impugned judgment dated 23.07.2014 passed by the High Court of Gujarat at Ahmedabad in LPA No. 2024/2010 in Special Civil Application No. 533/2009 wherein the appeal filed by the appellants herein was dismissed.
2. The facts of the case are that the land in question is admeasuring 9303 square metres and bearing Survey No. 339 of Town Planning Scheme No. 4, Final Plot Nos. 9A and 9B of Village Katargam, Surat, Gujarat (for short “Survey 339”). According to the appellants, the said land belonged to one Nathubhai Ranchhodbhai, upon whose death in the year 1933, his heir Kuberbhai Nathubhai became its true owner and occupier.
| S. No. | Survey No. | Area (square metre) | Type of Use |
| 1. | 470/1 paiki | 23168 | Ag |
Failure to issue notice under Section 10(5) of the ULC Act to possessors renders dispossession unlawful and results in the abatement of proceedings under Section 4 of the Repealing Act.
The court held that statutory compliance under the Urban Land (Ceiling and Regulation) Act is mandatory for valid dispossession, emphasizing that mere vesting does not equate to possession.
The appellants, a series of so called bona fide Purchasers, have kept this lis alive against the State Government and those 83 allottees, who were allotted their lands out of such excess land vested ....
plain language of sub-section (5) of Section 10 means and envisages a notice in writing in the form of an order to surrender or make over the possession to the State. Sub-Section (5) notice is not in....
Proceedings issued under the Urban Land Ceiling Act against a deceased declarant are null and void; possession must be established prior to claiming surplus land.
Exemption, if validly granted and availed could survive in favour of the party only if it was properly used it as a defence in the proceedings under Section 8(4) / 10(3) of the ULC Act before the Com....
The court ruled that actual physical possession must be established for the State to validly claim ownership under the Urban Land (Ceiling and Regulation) Act, 1976, and procedural requirements for n....
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