( 1 ) EVEN in an appeal filed by a land-holder will it or will it not be open to the Appellate Authority exercising powers under Sec. 33 (2) of the Urban Land (Ceiling and Regulation) Act 1976 thereinafter referred to as the Act) to remand a matter to the Competent Authority for deciding the same in accordance with law ? Petitioners contend phrase as it deems fit will not take within its sweep the power to remand. The contention needs to be examined in the background of the relevant statutory provisions and the facts that follows.

( 2 ) IN all these petitions common questions of law and facts arise. The petitioners are holders of vacant land situated within the urban agglomeration area of Rajkot to which the provisions of the Act are applicable.

( 3 ) THE petitioners had filled in forms under Sec. 6 of the Act. In response to the notice served together with the draft statement as provided under Sec 8 (3) of the Act they submitted objections against the draft statement. Their forms were decided by the competent authority. However it appears that all the objections submitted by the petitioners were not accepted by the competent authority. After following the necessary procedure the competent authority passed final order as provided under Sec. 9 of the Act. The petitioners felt aggrieved by the order passed by the competent authority and therefore they preferred appeal under Sec. 33 of the Act before the appellate authority. The appellate authorities after hearing the parties set aside the entire judgment and order passed by the competent authority and ordered to remand the matter to the competent authority for deciding the case in accordance with law. In each of the petitions the order passed by the appellate authority is challenged by the petitioners by invoking the provisions under Art. 227 of the Constitution of India.

( 4 ) THE petitioners contend that in an appeal filed by an aggrieved person before the appellate authority no order except that of allowing the appeal or confirming the order passed by the competent authority and dismissing the appeal can be passed by the appellate authority. Thus in all these four petitions the common question agitated is as regards the powers of the appellate authority under Sec 33 of the Act. The petitioners contend that in the matter is remanded to the competent authority the entire case would be reopened; such power cannot be exercised by the appellate authority exercising powers under Sec. 33 of the Act.

( 5 ) IT is necessary to have a look at certain provisions of the Act. The Act has been enacted with a view to preventing concentration of urban land in the hands of a few persons and speculation and profiteering in urban land. The ultimate purpose sought to be served by the Act is to bring out an equitable distribution of land in urban agglomerations so as to subserve the common good. For this purpose in urban agglomeration area ceiling of holding of vacant land is imposed under the Act and provision for acquisition of the land in excess of the ceiling limit is made. There is provision for regulation of construction of buildings on vacant land and such other connected matters.

( 6 ) AS provided under Sec. 3 of the Act no person is entitled to hold vacant land in excess of the ceiling limit except otherwise provided under the Act. Sec. 4 prescribes ceiling limit in respect of different urban agglomeration areas. Sec. 5 provides that transfer of vacant land after the commencement of the Act shall be void if the same is effected otherwise than in accordance with the provisions of the Act. A person holding vacant land in excess of the ceiling limit is required to fill in form under Sec. 6 of the Act and after necessary procedure as laid down under the Act is complied with the final order is to be passed by the competent authority under Sec. 9. Section 10 provides for acquisition of vacant land in excess of the ceiling limit. In order to appreciate the contention of the learn