Gujarat High Court
Judgename :A.M.AHMADI, P.R.GOKULAKRISHNAN, R.A.MEHTA
AVANTI ORGANISATION - Appellant
Versus
COMPETENT AUTHORITY and ADDITIONAL COLLECTOR,urban LAND CEILING ACT,rajkot. - Respondent
S.C.A. 2220 of 1986
Decided On : 10/28/1988
THE Urban Lard (Ceiling and regulation) Act 1976 –Section 3, 2, 4, 6 (1) , 7 , 8, 9, 10 (1) , 23,24 ,6 ,11 , 20, 8 (1) , 33 –Rule 3,5(2) – Exemption application –Ravani J. felt that the decision of this Court in Nirmalabens ease on the question of grant of audience to the applicant seeking exemption and the need to freeze the proceeding after the statement is filed until the exemption application is disposed of in accordance with law requires reconsideration for reasons stated in the orders by which both the writ petitions came to be referred to a larger bench –That is how both the aforesaid petitions are before us – Held, In Court view the State Government should instruct its officers who are empowered to deal with the exemption applications to dispose of such applications within a prescribed time frame say six months so that proceedings are not held up to the stage –Court need not emphasise the need for early disposal of the exemption applications any more –The two petitions will now be placed before the learned single Judge dealing with such cases for further orders in accordance with law –Order accordingly
( 1 ) THE Urban Lard (Ceiling and regulation) Act 1976 No. 33 of 1976 (hereinafter called the Act was enacted to provide for the imposition of a ceiling on vacant land in urban agglomerations for the acquisition of such land in excess of the ceiling limit for regulating the construction of buildings on such land and for matters connected therewith with a view to preventing the concentration of Urban land in the hands of a few persons and speculation and profiteering therein and to bring about on equitable distribution of land in urban agglomerations to subserve the common good. It was made applicable to the State of Gujarat and came into force at once. The definition of the various terms and expression used in the Act are found in Sec. 2 of the Act. Section 3 mandates that no person shall be entitled to hold and vacant land in excess of the ceiling limit in the territories to which the Act applies on and from the commencement of the Act unless otherwise provided. The expression ceiling limit means the ceiling limit specified in Sec. 4. Section 4 read with Schedule indicates for every person the ceiling limit in an urban agglomeration depending on the category of the agglomeration Section 6 (1) enjoins upon every person who held vacant land in excess of the ceiling limit on or after the 17th day of. February 1975 and before the commencement of the Act and every person holding vacant land in excess of the ceiling limit at such commenscment to file a statement before the competent authority having jurisdiction specifying the location extent value and such other particulars as may be prescribed of all vacant lands and of any other land on which there is a building whether or not with a dwelling unit therein held by him and also specifying the vacant lands within the ceiling limit which he desires to retain. Section 7 deals with cases where vacant land held by a person is situated within the jurisdiction of two or more competent authorities. Section 8 which is relevant for our purposes may now be set cut:"8 (1) On the basis of the statement filed under Sec. 6 said after such inquiry as the competent authority may deem fit to make the competent authority shall prepare a draft statement in respect of the person who has filed the statement under Sec. 6. (2) Every statement prepared under sub-sec. (1) shall contain the following particulars namely: (I) the name and address of the person; (II) the particulars of all vacant lands and of any other land on which there is a building whether or not with a dwelling unit therein held by such person; (III) the particulars of the vacant lands which such person desires to retain within the ceiling limit; (IV) the particulars of the right title or interest of the person in the vacant and (V) such other particulars as may be prescribed. (3) The draft statement shall be served in such manner as may be prescribed on the persons concerned together with a notice stating that any objection to-the. draft statement shall be preferred within thirty days of the service thereof. (4) The competent authority shall duly consider any objection received within the period specified ill the notice referred to in sub-sec. (3) or within such further period as may be specified by the competent authority for any good and sufficient reason. from the person on whom a COpy of the draft statement has been served under that sub-section and the competent authority shall after giving the objector a reasonable opportunity of being heard pass such orders as it deems fit". Section 9 stipulates that after the disposal of the objections if any received under sub-sec. (4) of Sec. 8 the competent authority shall after making such alterations as are necessary in the draft statement in accordance with the orders passed on the objections determine the vacant land held by the person concerned in excess of the ceiling limit and serve a copy of such statement on the person concerned. Section 10 (1) enjoins upon the compete
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