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1994 Supreme(Guj) 96

A.N.DIVECHA
BAI BACHIBEN VELABHAI – Appellant
Versus
STATE – Respondent


Advocates Appeared: D.C.DAVE, P.V.Hathi

A. N. DIVECHA, J.

( 1 ) THE order passed by the competent authority at Rajkot (respondent No. 2 herein) on 14th November 1983 in ULC Case No. 1459 as affirmed in appeal by the order passed by the Urban Land Tribunal at Ahmedabad (the appellate authority for convenience) on 18th May 1987 in Appeal No. Rajkot-163 of 1983 is under challenge in this petition under Art. 226 of the Constitution of India. By his impugned order respondent No. 2 declared the holding of the original petitioner (the deceased for convenience) to be in excess of the ceiling limit by 5731. 66 sq. mts. and declared the excess to be surplus for the purposes of the Urban Land (Ceiling and Regulation) Act, 1976 (the Act for brief ).

( 2 ) THE facts giving rise to this petition move in a narrow compass. The deceased was in occupation of certain properties within the urban agglomeration of Rajkot. The area thereof was in excess of the ceiling limit prescribed therefor under the Act. He, therefore, filled in the prescribed form under Sec. 6 (1) of the act. Pursuant thereto a draft statement was prepared and it was caused to be served to the deceased in accordance with Sec. 8 of the Act. According to the deceased he neve





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