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1998 Supreme(Guj) 397

J.R.VORA, M.R.CALLA
STATE OF GUJARAT – Appellant
Versus
Vanmalibhai Kalidas Hajari – Respondent


Advocates Appeared: C.C.BHALJA, P.O.DESAI

M. R. CALLA, J.

( 1 ) THE learned Single Judge decided Special Civil Application Nos. 8102, 8103, 6594, 6595, 6596, 6597, 6598, 6599, 7536, 7608, 10320, 10321, 10322 and 10323 of 1995 by a common judgment and order dated 21. 10. 1997. One Dahyabhai Vestabhai, owner of land bearing survey No. 378/1 situated at village Dumas divided the said land into 48 plots. He applied for permission to sell these sub plots to make use thereof for non-agricultural purposes to the Assistant Collector, Olpad Prant, Surat under Sec. 63 of the Bombay Tenancy and Agricultural Lands Act, 1948. The concerned Assistant collector vide his order dated 29th April, 1967 granted permission to the holder of the aforesaid land with certain conditions inter alia to make use of sub-plots for non-agricultural purpose by transferring within two years from the date of the order. On 20th May, 1967, the owner of the land sold out the sub-plots to 48 persons including the petitioners in the present cases by registered sald deeds. Under the Town Planning scheme as was published on 23rd December, 1969, the land in question was put under reservation for the purpose of extension of aerodrome for civil aviation and transport









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