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1992 Supreme(Guj) 119

S.D.SHAH
MAGANJI GOVINDJI – Appellant
Versus
COMPETENT AUTHORITY and additional COLLECTOR, URBAN LAND CEILING – Respondent


Advocates Appeared: J.M.PATEL, R.M.CHHAYA

SHAH, J.

( 1 ) RULE. Mr. R. M. Chhaya, learned A. G. P. waives service of rule. With the consent of the parties the matter is finally heard.

( 2 ) BY this petition the petitioners who are the heirs and legal representatives of deceased Maganji Govindji are challenging the order passed by Urban Land ceiling Tribunal dated 5/07/1989 in Ceiling Appeal No. 51 of 1988 confirming the order passed by Competent Authority, Surat dated 5/04/1988.

( 3 ) THE facts giving rise to the present petition are as under : deceased Maganji Govindji was the holder of parcels of land bearing survey No. 68 admeasuring 4654 sq mtrs. and Survey No. 73 admeasuring 2934 sq. mtrs. at Jahangirabad and Rander of District Surat. He purchased the said parcels of land in the year 1938 by Registered Sale Deed. On coming into force of Urban Land (Ceiling and Regulation) Act, 1976 he filed statement under Sec. 6 (1) of the said Act. In the said form he described the property as his own property and mentioned that no one else had any right, title or interest in the said property.

( 4 ) THE Competent Authority thereupon issued Draft statement under Sec. 8 (3) of the said Act calling upon deceased Maganji Govindji to file



























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