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2007 Supreme(Guj) 389

R.M.DOSHIT
LAXMANBHAI K. CHOKSHI – Appellant
Versus
COMPETENT AUTHORITY AND ADDITIONAL COLLECTOR (U. L. C. ) – Respondent


Advocates Appeared: Chinmay Gandhi, M.B.GANDHI, MINI NAIR

R. M. DOSHIT, J.

( 1 ) THE petitioner, holder of the land Survey No. 466-A admeasuring 2428 sq. mts. situated at Rakhial, challenges the judgment and order dated 13th September, 1991, passed by the Urban Land Tribunal in appeal No. Ahmedabad 212 of 1990.

( 2 ) ON introduction of the Urban Land Ceiling and Regulation Act, 1976 (hereinafter referred to as "the Act") the petitioner filed declaration of his holding under Sec. 6 of the Act. According to the statement made in Form no. 1, filed under Sec. 6 of the Act, the petitioner owned two pieces of land, viz. One at Rakhial bearing Survey No. 466-A admeasuring 2428 sq. mts. , and another at Kalupur bearing Survey No. 2069/6 admeasuring 42 sqyards. Both the lands were constructed. The said declaration submitted by the petitioner was processed by the competent authority, appointed under the Act. Before the competent authority the petitioner submitted that out of the land Survey No. 466/a the area admeasuring 482 sq. mts. was under acquisition under the Town planning Act for road widening. In the remaining land there was certain construction. Considering the extent of construction and the land appurtenant the petitioner did not hold exc





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