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1999 Supreme(Guj) 569

M.R.CALLA
BHIKHABHAI MAGANBHAI PATEL – Appellant
Versus
STATE – Respondent


Advocates Appeared: A.J.PATEL, UMESH TRIVEDI

M. R. CALLA, J.

( 1 ) THE petitioners claiming to be owners of the land bearing Survey No. 1626 admeasuring 63. 03 sq. mtrs. at Mehsana, moved an application before the Collector, Mehsana in the year 1990 for the purpose of converting the said land from new tenure to old tenure land under the provisions of the Bombay Tenancy and Agricultural Lands Act, 1948, which will be hereinafter referred to as the Tenancy Act. The Mamlatdar and Agricultural Lands Tribunal at Mehsana required the petitioners to be present before him on 22/07/1991 in the matter of inquiry required to be held by him to enable him to submit a report to the Collector for fixing the amount of premium in respect of the land in dispute. On the basis of the report made by the Mamlatdar and Agricultural Lands Tribunal, Mehsana, after holding the inquiry, the Collector, Mehsana, made an order on 13th January 1992 fixing the amount of Rs. 1,67,506. 50 as the amount of premium (Nazrana) in respect of the land in question. The petitioners then made an application to the Collector, Mehsana pointing out to him that since a portion of the land is vacant for the purpose of widening Ahmedabad-Delhi Highway, the total area of the






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