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1984 Supreme(Guj) 266

S.B.MAJMUDAR
NARAYANBHAI RAMABHAI – Appellant
Versus
STATE – Respondent


Advocates Appeared: A.J.PATEL

S. B. MAJMUDAR, J.

( 1 ) IN this petition under Article 226 of the Constitution of India the petitioners have challenged the order passed by the Deputy Secretary Revenue Department refusing to grant exemption to the petitioners under sec. 20 sub-sec. (i) of the Urban Land (Ceiling and Regulation) Act 1976 The application was moved on two grounds (i) that the petitioners who are the land holders wanted to utilise the land for a public purpose by enabling the co-operative society members of weaker sections of the public to put up residential houses; (2) that they have also prayed that undue hardship would be caused to them if such exemption is not granted. The application was moved on 25/09/1980 under the then existing guidelines which were holding the field. That application came to be rejected on 18-6-1983. The petitioners therefore came to this Court by way of special civil application No. 125 of 1984 and submitted amongst others-that without hearing the petitioners the application was rejected. This court by its order dated 22 (Coram: N. H. Bhatt J) remanded the proceedings back to the Government to rehear the matter after giving opportunity to the petitioners and for passing an a



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