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2010 Supreme(Guj) 100

BHAGWATI PRASAD, BANKIM N.MEHTA
VIPINCHANDRA VADILAL BAVISHI – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared:
LPA NO. 740 OF 2002
MR S.H. SANJANWALA, LD. SR. ADVOCATE, WITH MR. R.S.SANJANWALA, MR. J.R. NANAVATI & MR. A.R. THAKKAR for Appellant(s): 1 - 2.
MR. N.J. SHAH, AGP, for Respondent(s): 1 - 2.
MR. A.J. PATEL WITH MR. C.L. SONI, Advocate for Respondent No. 3,
LPA NO. 606 OF 2002:
MR. A.J. PATEL WITH MR. C.L. SONI, Advocate for the appellant
MR. S.H. SANJANWALA, LD. SR. ADVOCATE WITH MR. R.S. SANJANWALA, MR. J.R. NANAVATI & MR. A.R. THAKKAR for respondent No. 1 & 2
MR. N.J. SHAH, AGP, for respondent No. 3

JUDGMENT

MR. BHAGWATI PRASAD, J. -- These two appeals which are proposed to be decided by this decision are filed against the judgment of learned Single Judge dated 17.6.2002 passed in Special Civil Application No. 9856 of 2000 by the two appellants, one petitioners before learned Single Judge and the other by the respondent whose allotment of land is ordered to be cancelled by learned Single Judge.

2. The petitioners before learned Single Judge had a holding of land in village Nana Mauva bearing Survey No. 71. The area owned by the petitioners as alleged was 4610.41 sq. mtrs. Proceedings were initiated against the petitioners under the provisions of Urban Land (Ceiling & Regulations Act, 1976 (hereinafter referred to as “the Act”). The said Act came into force in the State of Gujarat on 20.8.1976. The petitioners filed two forms under Section 6 of the Act, as according to the petitioners they had different shares in the land in question. In a lis between the petitioners and the State, in relation to the question of separate holdings in village Nana Mauva, has resulted into rejection of the claim of the petitioners by the Hon'ble Supreme Court. It has been held that the holding of b































































































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