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1995 Supreme(Guj) 416

A.N.DIVECHA
CHHOTALAL MORARJI ADHIA – Appellant
Versus
COMPETENT AUTHORITY and additional COLLECTOR, URBAN LAND CEILING – Respondent


Advocates Appeared: D.N.Patel, D.U.SHAH

A. N. DIVECHA, J.

( 1 ) THE petitioners of these three petitions are brothers. The orders under challenge in these petitions are common for all three brothers. The properties involved in all these three petitions are also the same. Common questions of law and fact are found arising in all these petitions. I have therefore thought it fit to dispose of all these three petitions by this common judgment of mine.

( 2 ) THE order passed by the competent authority at Rajkot (respondent No. 1 in each petition) on 25th June, 1985 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 at Ahmedabad (respondent no. 2 in each petition) on 28th December, 1988 in Appeals Nos. Rajkot-87 of 1985, rajkot-5 of 1986 and Rajkot-76 of 1985 is under challenge in this petition under article 226 of the Constitution of India. By his impugned order respondent No. 1 declared the holding of the petitioners of all these three petitions to be in excess of the ceiling limit by 1337. 22 square metres, 54. 08 square metres and 62. 31 square metres respectively.

( 3 ) THE facts giving rise to these









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