Gujarat High Court
Judgename :B.C.PATEL, C.K.BUCH
SAVITABEN RAMANBHAI PATEL - Appellant
Versus
STATE - Respondent
L.P.A. 85 of 1984
Decided On : 11/05/1998
The proceedings initiated in the present two cases in respect of the lands upto the stage of Sec. 10 (2) of the Act are for the present left untouched. The prosecution of further processes under the Act after the stage of Sec. 10 (2) of the Act will depend upon the decision on the applications under Sec. 20 and/or Sec. 21 of the Act.
[Para 10]
( 1 ) MR. Patel, learned Advocate appearing for the appellant requests for time. It is required to be noted that the L. P. As. , are of 1984; the proceedings are pending since long. Therefore, the L. P. As. are required to be disposed of without any delay. Mr. Patel submitted that as the Urban Land (Ceiling and regulation) Act, 1976 (hereinafter referred to as the Act) is likely to be repealed and therefore, also the matter should be adjourned. Till today, the Act is in force and, therefore, all the authorities are expected to act in accordance with the provisions of the law which is in operation as on today.
( 2 ) L. P. A. No. 85 of 1984 is preferred by sole appellant being aggrieved by the decision of learned single Judge in Special Civil Application No. 120 of 1984 whereby the petition came to be rejected on the grounds that notification issued under Sec. 10 (3) of the Act was not challenged, and that thereafter notice under sec. 10 (5) of the Act was issued for handing over the possession which was challenged in appeal. It was pointed out that an application under Sec. 21 of the act was pending before the appropriate authority. 2. 1 L. P. A. No. 86 of 1984 is also disposed of exactly on the similar grounds.
( 3 ) FROM the orders it clearly transpires that the formality was completed and possession was to be taken for which notice under Sec. 10 (5) of the Act was issued.
( 4 ) MR. Patel, learned Advocate appearing for the appellants in both the matters submitted that though applications were pending before the competent authority under Sec. 21 of the Act, the authority, instead of deciding the applications, kept the same pending and notification under Sec. 10 (5) of the Act came to be issued.
( 5 ) SECTION 21 of the Act reads as under :- ," (1) Notwithstanding anything contained in any of the foregoing provisions of this chapter, where a person holds any vacant land in excess of the ceiling limit and such person declares within such time, in such form and in such manner as may be prescribed before the competent authority that such land is to be utilised for the construction of dwelling units (each such dwelling unit having a plinth area not exceeding eighty square metres) for the accommodation of the weaker sections of the society, in accordance with any scheme approved by such authority as the State Government may, by notification in the Official Gazette, specify in this behalf, then, the competent authority may, after making such inquiry as it deems fit, declare such land not to be excess land for the purpose of this Chapter and permit such person to continue to hold such land for the aforesaid purpose, subject to such terms and conditions as may be prescribed, including a condition as to the time-limit within which such buildings are to be constructed. (2) xxx xxx xxx xxx"
( 6 ) WE find reference in both the appeals that applications under Sec. 21 are still pending. So far as L. P. A. No. 85 of 1984 is concerned. Form VI was required to be submitted in accordance with Rule 5 of the Urban Land (Ceiling and Regulation) rules, 1976, (hereinafter referred to as the Rules ). After filing the form, application has been submitted to the appropriate authority under Sec. 21 of the Act. It appears that as prescribed in Form No. V, under Rule 11, a declaration under Sec. 21 (1) of the Act along with the application was filed. The same is produced on record vide Exh. g at page 35. It appears that on 3-8-1979, appellant was called upon to give further details as the form which was submitted was not filled in with all particulars. It appears that on 31-8-1979, vide Annexure "i", further details as called for by the competent authority were forwarded.
( 7 ) SO far as L. P. A. No. 86 of 1984 is concerned, vide Annexure a, details were forwarded indicating that an application under Sec. 21 of the Act is filed before the competent authority. Vide Annexure g, copy of the form with details is also placed on record.
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