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1987 Supreme(Guj) 81

A.P.RAVANI
DAHYABHAI MANORBHAI PATEL – Appellant
Versus
COMPETENT AUTHORITY and ADDITIONAL COLLECTOR,unit NO. 2,vadodara – Respondent


Advocates Appeared: M.I.HAVA, MAHESH C.BHATT

A. P. RAVANI, J.

( 1 ) RULE. Mr. M. I Hawa waives service of rule on behalf of the respondents. At the request and by consent of the parties the matter is ordered to be heard today.

( 2 ) THE petitioner holds vacant land in Urban Agglomeration area of Vadodara. Against the order passed by the Competent Authority declaring that the petitioner holds certain area of land in excess of the ceiling limit the petitioner preferred an appeal before the Appellate Tribunal. The appeal was filed beyond the prescribed period of limitation and hence an application for condonation of delay was also filed. The Appellate Tribunal has rejected the appeal on the ground that appeal was filed beyond the prescribed period of limitation these also held that the appeal was filed after the publication of Notification under sec. 10 of the Urban Land (Ceiling and Regulation) Act (herein after referred to as `the Act) and therefore the appeal is not maintainable.

( 3 ) AS far as the condonation of delay is concerned the facts may be examined. The Competent Authority passed the order on 17/02/1984 and held that an area of 8490 Sq. Mts. of land was in excess of the ceiling limit. According to the petitioner he c












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