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2009 Supreme(Guj) 146

H.N.DEVANI, M.S.SHAH
NIRANJAN MAGANLAL MEHTA – Appellant
Versus
COMPETENT AUTHORITY & ADDL. COLLECTOR – Respondent


Advocates appeared
MR VIBHUTI NANAVATI for Appellant
MS JIRGA JHAVERI AGP for Respondent

ORAL JUDGMENT

(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









































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