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1993 Supreme(Guj) 212

R.D.VYAS, S.D.SHAH
NAVRANGPURA GAM DHARMADA MILKAT TRUST – Appellant
Versus
RAMTUJI RAMAJI – Respondent


Advocates Appeared: A.J.PATEL, G.N.DESAI, J.M.THAKAR, MAULIN R.RAVAL, P.J.VYAS, R.S.SANJANWALA, S.H.SANJANWALA

S. D. SHAH, J.

( 1 ) THIS petition filed under Arts. 226/227 of the Constitution of India by a Public Trust registered under the provisions of Bombay Public trusts Act, raises an interesting question of law as regards applicability of the provisions of Bombay Tenancy and Agricultural Lands Act, 1948, hereinafter referred to as the Tenancy Act, to the areas or parcels of lands which are included in the draft/final Town Planning Scheme prepared under the Gujarat Town Planning and Urban Development Act, 1976, hereinafter referred to as gujarat T. P. Act. This petition also challenges the legality and validity of the judgment and order of Gujarat Revenue tribunal passed in Revision Application No TEN. BS/129 of 1990 and 221 of 1990, dated 11/01/1991 thereby confirming the judgment and order of the Deputy Collector in appeal, who in his turn confirmed the judgment and order of the Agricultural Lands Tribunal in Tenancy Case No, 22 of 1988, dated 16/12/1989.

( 2 ) AT the outset, we must mention that though principally the petition seeks to challenge the order passed by the Guj. Revenue Tribunal in exercise of its revisional powers under Sec. 76 of the Tenancy Act, submissions in the cours








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