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1994 Supreme(Guj) 16

A.N.DIVECHA
ARMANAND VADILAL VASANI – Appellant
Versus
STATE – Respondent


Advocates Appeared: A.J.PATEL, D.C.DAVE

DIVECHA, J.

( 1 ) THE order passed by the Competent Authority at Bhavnagar on 7/07/1984 under Sec. 8 (4) of the Urban Land (Ceiling and regulation) Act, 1976 (the Ceiling Act for brief) as affirmed in appeal by the common order passed by the Urban Land Tribunal (the Appellate authority for convenience) on 26/05/1987 inter alia in Appeal No. Bhavnagar-1318 of 1984 is under challenge in this petition under Art. 227 of the Constitution of India. By his impugned order, the Competent Authority declared the holding of the petitioners to be in excess of the ceiling area by 4749. 69 square metres.

( 2 ) THE disputes arising in this petition centre round four parcels of land bearing Plots Nos. 885 admeasuring 1071. 24 square metres, 886 admeasuring 1003. 35 square metres, 888 admeasuring 1449. 01 square metres and 1100 admeasuring 836. 13 square metres situated in Bhavnagar (the disputed lands for convenience ). The aforesaid block of four lands was taken on lease for 99 years by the deceased father of the petitioners alongwith one Nandlal prabhudas sometime in 1954. A copy of the necessary communication in that regard is at Annexure a to this petition. The terms of the partnership between t








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