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1999 Supreme(Guj) 315

Gujarat High Court
Judgename :J.M.Panchal, R.P.Dholakia
RAMESHBHAI KARSANDAS PATEL - Appellant
Versus
STATE - Respondent
S.C.A. 2414 of 1993
Decided On : 07/08/1999

Advocates Appeared: A.J.PATEL, H.L.JANI, P.M.THAKKAR, R.N.SHAH, S.B.VAKIL

Headnote:

Urban Land (Ceiling and Regulation) Act, 1976 – Section 20 (1) (a) – Constitution of Indian, 1950 – Article 226 – Amendment of Act – Applicability of – Order of exemption – Seeking quash and set aside order petition by which exemption under section 20 (1) (a) of Act, 1976 was granted to respondents No. 3 to 10 in respect of certain lands petitioner has prayed for a direction to the State of Gujarat to initiate proceedings under section 20 (2) of the Act for withdrawal of the said order of exemption – Court has by its order issued rule and granted interim relief subject to certain conditions – Held, Urban Land (Ceiling and Regulation) Act, 1976 has now been repealed by Urban Land (Ceiling and Regulation) Repeal Act, 1999 – It is not disputed that possession of the land in question has not been taken by respondent no. 1 i. e. State of Gujarat – In this view of matter, petition deserves to be disposed of accordingly – Petition abated (Paras 2 and 3)

( 1 ) (PER :, J.) by means of filing this petition under Article 226 of the Constitution, the petitioner has prayed to quash and set aside order dated 8/12/1989 produced at Annexure-B to the petition by which exemption under section 20 (1) (a) of the Urban Land (Ceiling and Regulation) Act, 1976 was granted to respondents No. 3 to 10 in respect of certain lands. In the alternative, the petitioner has prayed for a direction to the State of Gujarat to initiate proceedings under section 20 (2) of the Act for withdrawal of the said order of exemption. The petitioner has also prayed to declare that section 20 (1) of the Urban Land (Ceiling and Regulation) Act, 1976 is ultravires. The Court has by its order dated February 27, 1997 issued rule and granted interim relief subject to certain conditions.

( 2 ) THE Urban Land (Ceiling and Regulation) Act, 1976 has now been repealed by Urban Land (Ceiling and Regulation) Repeal Act, 1999. It is not disputed that possession of the land in question has not been taken by respondent no. 1 i. e. State of Gujarat. In this view of the matter, the petition has abated and deserves to be disposed of accordingly.

( 3 ) FOR the foregoing reasons, it is held that the petition has abated. Rule is discharged, with no order as to costs. Ad-interim relief granted earlier is hereby vacated.


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