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1994 Supreme(Guj) 126

A.N.DIVECHA
DILAVARSINH KHODUBHA JADEJA – Appellant
Versus
STATE – Respondent


Advocates Appeared: B.J.JADEJA, D.C.DAVE, J.R.Nanavati, Y.S.LAKHANI

DIVECHA, J.

( 1 ) BY means of this petition under Arts. 226 and 227 of the Constitution of India, the petitioner has questioned the correctness of the order passed by and on behalf of the State Government (respon- no. 1 herein) on 23/08/1984 rejecting his application for exemption under Sec. 20 (1) of the Urban Land (Ceiling and Regulation) Act, 1976 (the Act for brief) with respect to Survey Nos. 17 and 59 situated at nana Mauva within the urban agglomeration of Rajkot (the disputed lands for convenience) and also of the order passed by the Competent Authority at Rajkot on 27/02/1986 in U. L. C. Case No. 1731 as affirmed in appeal by the order passed by the Urban Land Tribunal at Ahmedabad (Respondent No. 3 herein) on 28/12/1988 in Appeal No. Rajkot 49 of 1986. By his impugned order, the Competent Authority declared the holding of the petitioner to be in excess of the ceiling limit by 54,886. 44 sq. metres.

( 2 ) THE facts giving rise to this petition move in a narrow compass. The petitioner was holding certain properties within the urban agglomeration of Rajkot as on 17/02/1976. He filled in the prescribed form under Sec. 6 (1) of the Act with respect to his aforesaid holding. It























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