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1993 Supreme(Guj) 367

M.S.PARIKH, S.NAINAR SUNDARAM
Chhaganlal Trikamdas Thakker – Appellant
Versus
Competent Authority,rajkot – Respondent


Advocates Appeared: P.M.RAVAL, R.M.CHHAYA, SURESH M.SHAH

S. NAINAR SUNDARAM, C. J.

( 1 ) IN these Special Civil Applications, petitioners, who are individuals, on the simple ground they jointly purchased or acquired vacant land, have been treated as a single unk for the purpose of the Urban Land (Ceiling and Regulation) act 23 of 1976 (hereinafter refeued to as "the Act" ). When the petitioners challenged this action on the pan of the authorities by preferring the Special Civil Applications, pleading that they are owners holding definite earmarked shares and hence, they must be held to be tenants-in-common and for the purpose of the Act, their definite specified shares in the vacant land, alone could be taken note of, the learned single Judge, even though there is a pronouncement of another learned single Judge of this Court, expressed in Smt. Savitaben Wlo. Shri Shantilal C. Shroff and others vs. State of Gujarat and others, 1991 (1) G. L. H. 186, deemed fit to refer these Special Civil Applications for consideration to a Bench. The main reason, as we could see from the order of reference, which weighed with the learned single Judge is that in the pronouncements of the Apex court, as well as the pronouncements of the High Court of Bomba





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