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2007 Supreme(Guj) 32

JAYANT PATEL
SHAKRABHAI ALIAS SHANKERSING VIRABHA1 (SINCE DECD. ) THROUGH HIS HEIRS – Appellant
Versus
STATE OF GUJARAT – Respondent


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

JAYANT PATEL, J.

( 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 U. L. C. Act"), came into force, the petitioner Nos. 1 and 2 filed separate forms under Sec. 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 5-10-1989, the petitioner Nos. 1 and 2 entered into an agreement with petitioner no. 3 which is a Co-operative Housing Society for purchase of the land. As per the petitioners, an application for exemption was made under Sec. 20 of the U. L. C. Act on 7-10-1989. However, on 2/22-11-1989, the order came to be passed by the U. L. C. authority under the U. L. C. 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 Sec. 8 (4) of the U. L. C. Act by the autho






































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