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1995 Supreme(Guj) 137

Gujarat High Court
Judgename :M.R.CALLA
NAVSARJAN INDUSTRIAL CO OPERATIVE SOCIETY LIMITED - Appellant
Versus
STATE - Respondent
S.C.A. 85 of 1993
Decided On : 03/07/1995

Advocates Appeared: R.J.OZA, R.S.SANJANWALA, S.H.SANJANWALA, T.H.Sompura

Headnote:

Urban Land (Ceiling and Regulation) Act, 1976 – Section 33 - Applications are based on common facts giving rise to common questions of law and all these three matters are being disposed of by this common judgment - Competent Authority passed orders with regard to land in dispute in all three matters petitioner-Society had not raised any objection before Competent Authority but it preferred appeals against aforesaid order - Respondent had stood a guarantee for one against whom Cooperative society had a claim determined under the provisions of Co-operative Societies Act and to satisfy that claim the auction sale was held, in which the land in question belonging to respondent is alleged to have been put to auction - Held, Court to refer matter to Division Bench merely because letters Patent Appeal is pending against the decision in Co-operative housing Society Ltd case rendered by court have referred to and dealt with decision rendered by single Bench in Co-operative housing Ltd case only because it was cited at the Bar - Independent of this decision also am of considered opinion that facts relating to conduct of petitioner in case at hand stand a foot higher than facts which are available in operative Housing Society Ltd case and petitioner-Society which had entered into purchase of this land for a sum of against satisfaction of a petty claim as stated ought to have been known and is unbelievable that it did not know about the pending proceedings under Urban Land Ceiling Act in year and yet it did not take care to raise any objection of its own before Competent Authority and - Petitioner has no locus to claim notice Rule 5 or to claim as an aggrieved party and hence independent of decision rendered in -operative Housing Society Ltd considered opinion that petitioner-Society had no locus stand whatsoever and Urban Land Tribunal has rightly rejected the Appeals preferred by petitioner-Society - Petitions dismissed(Para 15)

M. R. CALLA, J.

( 1 ) THE petitioner in each of these three matters is the Navsarjan industrial Co-operative Society Ltd. It had purchased lands in question in a public auction held by Special Recovery Officer under three different sale certificates and, therefore, three Special Civil Application have been filed. These three Special Civil applications are based on common facts giving rise to common questions of law and, therefore, all these three matters are being disposed of by this common judgment.

( 2 ) THE land in question is situated in village Anjana, Taluka Choryasi, the details of which have been set out in para 4. 2 of the Special Civil Application No. 85 of 1993 and for the sake of brevity, reference is made to the pleadings in Special civil Application No. 85 of 1993 only. The sale certificates, in pursuance of the auction sale, were issued on 28-5-1981 and on that basis the name of the petitioner- society was entered in the record of rights as per the document Annexure "a" enclosed with the Special Civil Application No. 85 of 1993. The respondent No. 3 had stood a guarantee for one Kalyanbhai Govindbhai, against whom the Cooperative society namely, Shree Ambheta Vibhag Seva Sahakari Mandali had a claim determined under the provisions of the Co-operative Societies Act and to satisfy that claim the auction sale was held, in which the land in question belonging to respondent No. 3 is alleged to have been put to auction. The petitioner-Society has placed the order of the Special Recovery Officer, Surat passed on 28-5-1981 as Annexure "d" on record, which shows that an amount of Rs. 400. 00 was to be recovered by Shree Ambheta Vibhag Seva Sahakari Mandali from respondent No. 3 as guarantor with interest of Rs. 385. 75 Ps. and the administrative cost of Rs. 210. 25 ps. , i. e. , in all a sum of Rs. 1,096. 00 and this order Annexure "d" dated 28-5-1981 placed on record by the petitioner-Society shows that the land in question was purchased by the petitioner-Society in this auction for a sum of Rs. 14 lacs.

( 3 ) RESPONDENT No. 3 is the original declarant with regard to this land for the purpose of Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as "the Act") and the total holding declared by respondent No. 3 was 23,064 hectare 35 Acre 81 Sq. Mts. and the Competent Authority while deciding the proceedings under Sec. 6 of the Act held 21,564. 65. 81 Sq. Mts. of land to be excess land for the purpose of Special Civil Application No. 85 of 1993. In the Special civil Applications Nos. 86 and 87 of 1993, there are different figures with regard to the excess land. The Competent Authority passed orders on 30-12-1988 with regard to the land in dispute in all the three matters. The petitioner-Society had not raised any objection before the Competent Authority, but it preferred the appeals against the aforesaid order dated 30-12-1988 passed by the Competent Authority before the Urban Land Tribunal under Sec. 33 of the Act. Appeal Nos. 47 and 48 of 1990, out of which Special Civil Application Nos. 85 and 87 of 1993 arise, were decided by a common order dated 11-5-1992 and Appeal No. 49 of 1990, which gave rise to Special Civil Application No. 86 of 1993, was decided by a separate order dated 31-1-1992. Thus, these three Special Civil Application are directed against the orders dated 31-1-1992 and 11-5-1992 passed by the Urban Land Tribunal at Ahmedabad whereby the Appeal Nos. 47, 48 and 49 of 1990, preferred by the petitioner-Society, were dismissed.

( 4 ) MR. Sanjanwala appearing for the petitioner-Society has raised following contentions : 1. The Tribunal has wrongly held that the petitioner-Society had no locus standi to prefer the Appeal under Sec. 33 of the Act against the order passed by the Competent Authority on 30-12-1988 because the petitioner-Society was not the original declarant and it had purchased the property in the auction sale on 28-5-1981 whereas the proceedings under Sec. 6 and the question a















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