(Per : HONOURABLE MS.JUSTICE H.N.DEVANI)

1. Admit. Ms. Jirga Jhaveri waives service of notice of admission of the appeal on behalf of the respondents. Having regard to the facts of the case, the matter is taken up for final hearing today.

2. This Letters Patent Appeal under Clause 15 of the Letters Patent is directed against the judgement and order dated 7th February, 2006 passed by the learned Single Judge whereby the petition has been dismissed and the order dated 14.11.1984 passed by the Competent Authority and Additional Collector, respondent No.1 herein as well as the order dated 6.10.87 passed by the Urban Land Tribunal respondent No.2 herein which were subject matter of challenge in the writ petition have been affirmed.

3. The appellants herein are the heirs and legal representatives of deceased Pannaben Niranjan Mehta, who was the original petitioner in the writ petition. The facts giving rise to the present appeal are that the Shri Niranjan Mehta, husband of the petitioner (hereinafter referred to as the declarant ) had filed a statement under section 6 of the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as the Act ) in the prescribed Form No.1, on behalf of his family specifying the extent of lands held by his family members all of which are situated in Ahmedabad as under:

Sr. No. Name of village Survey No. Area Manner in which acquired

1. City Rajpur-Hirpur T.P. Scheme No.4, Final Plot No.73 739.12 sq. mts. On lease for 999 years

2. Thaltej 46 829.28 sq. mts. As member of society

3. Khadia 2695 18.50 sq. mts. Residential house. By succession

4. Khadia 2682 99 sq. mts Residential house. By succession

5 Paldi. Samasth Brahmashatriya Society, Sub-plot No.88 Bunglow No.89 635 Sq. mts House. By succession

As per the statement filed by the declarant the total holding of the family was shown to be 2320.90 sq. mts. It may be pertinent to note that it was specified in the said form that land admeasuring 829.28 sq. mts of Vanshri Co-op. Housing Society situated at Thaltej is the self acquired property of Pannaben Niranjanbhai Mehta (hereinafter referred to as the petitioner ) and is of her sole ownership wherein no one has any right or share. Against the column lands held as owner the area shown was 1568.40 sq. mts. and against the column regarding status of the lands as to whether held as individual or HUF etc. land admeasuring 1568.40 sq. mts was shown to be joint family property and 829.28 sq.mts of land is shown against the column share of individual in co-operative society . In the column for ad-hoc assessment of excess vacant land and the lands which are required to be handed over to the Government lands of Rajpur- Hirpur and Thaltej totally admeasuring 1319 sq. mts. were shown.

4. By an order dated 14.11.1984 passed under section 8(4) of the Act, the Competent Authority found that except for the property shown at serial No.2, all the lands were H.U.F. properties; that the definition of family includes husband, wife and their minor children, hence the land held by the wife is required to be clubbed together to determine the holding of the family; that the record indicates that the Samast Brahmakshatriya Co-operative Housing Society is the occupier of the property shown at serial No.5, hence the same cannot be taken into consideration for the purpose of computing the holding; that though the properties at serial No.3 and 4 are built up properties the same are to be taken into consideration while computing the extent of vacant land held by the applicant. The Competent Authority found that the total holding of the applicant was 1685 sq. mts. and held that the applicant was entitled to retain 1000 sq. mts. of land and declared 685 sq. mts. of land as excess vacant which is to be acquired by the State Government. The Competent Authority further held that considering the contents of the transfer agreements in respect of the properties other than the property at serial No.2, the Thaltej property