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1994 Supreme(Guj) 84

A.N.DIVECHA
JAYANTILAL KASALCHAND SHAH – Appellant
Versus
STATE – Respondent


Advocates Appeared: D.C.DAVE, J.R.Nanavati

A. N. DIVECHA, J.

( 1 ) THE order passed by and on behalf of respondent No. 1 herein on 13th July 1987 under Sec. 34 of the Urban Land (Ceiling and Regulation) Act, 1976 (the Act for brief) is under challenge in this petition under Art. 226 of the constitution of India. Thereby the order passed by the Competent Authority at rajkot (respondent No. 2 herein) on 20th October 1983 in U. L. C. Case No. 2128 of 1976 came to be revised and the holding of the petitioner came to be declared excess by 3106. 01 square metres and the excess was declared to be surplus.

( 2 ) THE facts giving rise to this petition move in a narrow compass. The petitioner held certain parcels of land in Rajkot. It was beyond the ceiling limit prescribed for that area under the Act. He, therefore, filled in the prescribed form under sec. 6 (1) thereof. The proceeding came to be registered as U. L. C. Case No. 2128 of 1976. Pursuant thereto, a draft statement was prepared by respondent No. 2 herein and it was caused to be served to the petitioner in accordance with Sec. 8 thereof. After hearing the parties, by his order passed on 20th October 1983 in the aforesaid proceeding, respondent No. 2 came to the conclusion









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