( 1 ) THE State of Gujarat has come in appeal against the judgment and order dated 6th May 1999 passed by the learned Single Judge in Special Civil Application No. 4015 of 1990 whereby the petition was allowed and the judgment and order dated 8th September 1989 passed by the Gujarat Revenue Tribunal in Revision Application No. TEN. B. R. 4 of 1989 confirming the orders at Annexures. A and B in Special Civil Application as had been passed by the Dy. Collector, Mamlatdar and ALT in so far as the bid land Survey No. 111/2 admeasuring 30 acres and 30 gunthas and Survey No. 111/3 admeasuring 529 acres and 27 gunthas are concerned was quashed and set aside and the Rule was made absolute.

( 2 ) THE controversy between the parties hinges around the provisions of the Gujarat Agricultural Lands Ceiling Act, 1960 and the amendment made therein vide Gujarat Agricultural Lands Ceiling (Amendment) Act, 1972 and the provisions of the Urban Land (Ceiling and Regulation) Act, 1976 and the Urban Land (Ceiling and Regulation) Repeal Act, 1999. The Gujarat Agricultural Lands Ceiling Act, 1960 (Gujarat Act No. XXVII) of 1961 came into force on 15th June 1961. The Gujarat Agricultural Lands (Ceiling Amendment) Act, 1972, i. e. the Gujarat Agricultural Lands Ceiling Amendment Act, 1972 (Gujarat Act No. 2) of 1974 came into force on 1. 4. 1976. On 14th August 1972, a resolution was passed by the Gujarat State Legislative Assembly under Clause (1) of Article 252 of the Constitution and that resolution dated 14th August 1972 is reproduced as under:"whereas this Assembly considers that there should be a ceiling on the holding of urban immovable property;and Whereas the imposition of such ceiling and acquisition of the urban immovable property in excess of their ceiling are matters with respect to which Parliament has no power to make laws for the States except as provided in Articles 249 and 250 of the Constitution;and Whereas it appears to this Assembly to be desirable that the aforesaid matter should be regulated in the State of Gujarat by Parliament by law;now, therefore, in pursuance of clause (1) of Article 252 of the Constitution, this Assembly hereby resolves that the imposition of the ceiling on the holding of urban immovable property and acquisition of such property in excess of the ceiling and all matters connected therewith or ancillary and incidental thereto should be regulated in the State of Gujarat by Parliament by law. "thereafter, the Urban Land (Ceiling and Regulation) Act, 1976 was enacted by the Parliament after the Gujarat State Legislative Assembly resolution dated 14th August 1972 and the said Urban Land (Ceiling and Regulation) Act, 1976 came into force on 17th February 1976. The Urban Land (Ceiling and Regulation) Repeal Act, 1999 (Act No. 15 of 1999) was adopted by resolution passed by the Gujarat Legislative Assembly on 30th March 1999 and the same is reproduced as under:"whereas on the 14th August, 1972, this Assembly in pursuance of clause (1) of Article 252 of the Constitution of India, resolved to the effect that the matters relating to the imposition of ceiling on the holding of urban immovable property and acquisition of such property in excess of the ceiling and all matters connected therewith or ancillary and incidental thereto be regulated in the State by Parliament by law;and WHEREAS by virtue of the said Resolution, the Parliament has enacted the Urban Land (Ceiling and Regulation) Act, 1976 (Act No. 33 of 1976) providing for imposition of ceiling on vacant land in urban agglomerations;and WHEREAS in pursuance of clause (2) of Article 252 of the Constitution of India, Resolutions have been passed by the Legislatures of the States of Haryana and Punjab to the effect that the aforesaid Act of 1976 should be repealed in those States by Parliament by law;and WHEREAS the Parliament has enacted the Urban Land (Ceiling and Regulation) Repeal Act, 1999 (Act No. 15 of 1999) repealing the said Act of 1976 in th