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2007 Supreme(Guj) 30

JAYANT PATEL
VALIBEN SHAKARABHAI ALIAS SHANKERSING VIRABHAI – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared: A.J.PATEL, H.M.PARIKH, HEMANT S.SHAH, SATYAM Y.CHAYYA

( 1 ) THE short facts of the case are that as per the petitioners, petitioner Nos. 1 and 2 are the owners of the land bearing Survey No. 622 admeasuring 16390 sq. mtr. and land bearing Survey No. 503 admeasuring 15985 sq. mtr. 503 at village Ishanpur in Ahmedabad district. As the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as "the ULC Act"), came into force, the petitioner Nos. 1 and 2 filed separate forms under Section 6 of the Act and as per the petitioners, their shares in the land bearing Survey No. 622 inter alia with the other land were declared. On 05. 10. 1989, the petitioner Nos. 1 and 2 entered into an Agreement with petitioner No. 3 which is a Cooperative Housing Society for purchase of the land. As per the petitioners, an application for exemption was made under Section 20 of the ULC Act on 07. 10. 1989. However on 02/22. 11. 1989, the order came to be passed by the ULC Authority under the ULC Act for declaring 50% of the land bearing Survey No. 622 admeasuring 8888. 75 sq. mtr. together with the other land as excess land. It may be recorded that in the said order passed under Section 8 (4) of the ULC Act by the Authority, it was found that in











































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