IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R.M.CHHAYA, J.
GANSHYAMBHAI BHIKHABHAI MISTRY - Petitioner(s)
Versus
STATE OF GUJARAT & 2 - Respondent(s)
SPECIAL CIVIL APPLICATION No. 2773 of 2012
Decided on : 16/10/2012
Urban Land (Ceiling and Regulation) Repeal Act, 1999 - Sections 3(2)(a) and (b) - Urban Land (Ceiling And Regulation) Act, 1976 - Sections 10(3) and 10(5) - Application of Repeal Act - When warranted - Agricultural Land - Exemption -Petitioner made a declaration about his holding of urban lands within Vadodara Urban Agglomeration before competent authority and further appears that the form submitted by the petitioner came to be scrutinised by the competent authority and the competent authority thereafter issued a draft statement and record indicates that the petitioner applied for exemption for agricultural purpose - Held, The provision of Section 3(2)(b) of the Repeal Act, therefore, would not apply in the instant case. It may also be noted that only because an application as provided under Section 21 of the Act was filed and it was not decided by the State Government, the same would annul the earlier proceedings which are already taken, inasmuch as, that the same was filed after the land in question was declared to be excess vacant land and possession was taken over and the compensation was already paid. The reliance placed by the petitioner on an alleged No Objection Certificate issued by respondent No.3 society also does not take the case of the petitioner forward. It may be noted that respondent No.3 society has not only denied the said fact, but has also challenged the authenticity of such a No Objection Certificate. It is an admitted position that the present petition is filed on 29.2.2012 i.e. after an enormous delay and even if it is counted from the date of the order of the Letters Patent Appeal No.1050 of 1995, the present petition is preferred after a period of about 15 years. The petition is, therefore, liable to be rejected and is hereby rejected in limine- Petition is dismissed.
1. By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs:-
“(A) To admit and allow this petition.
(B) To issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction directing the respondents to pass order restoring the land of survey no.496 of village Gotri, Taluka and District Vadodara admeasuring 1755 sq. mtrs. in favour of the petitioner in view of the provisions of Sec.3(2)(b) of the Urban Land (Ceiling and Regulation) Repeal Act, 1999 especially in view of the NOC issued by the respondent No.3 for the reasons stated in the Memo of Petition and in the interest of justice and fairness of things.
(C) Pending admission, hearing and final disposal of the above Special Civil Application to restrain the respondents, their servants and agents from allotting the land bearing survey No. 496 admeasuring 1755 sq. mtrs. of village Gotri, Taluka and District Vadodara to anyone else except the petitioner.
(D) The Hon'ble Court may kindly be pleased to grant any other appropriate relief as the nature circumstances of the case may require.
(E) To award the cost of this petition.”
2. The facts which can be culled out from the record of the petition are as follows:-
2.1 The petitioner inherited agricultural land bearing survey No.455 admeasuring 5261 sq. mtrs. and land bearing survey No.496 admeasuring 6677 sq. mtrs. situated at Village Gotri, Taluka and District Vadodara.
2.2 The lands in question were subjected to the provisions of the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as “the Act”) with effect from 17.2.1976 as the lands were situated within Vadodara Urban Agglomeration.
2.3 It appears from the record that the petitioner filed a declaration form as provided under Section 6 of the Act which came to be registered as declaration form No.ULC/1076/111/PD/PPT/Gotri with the competent authority. The petitioner made a declaration about his holding of urban lands within Vadodara Urban Agglomeration before the competent authority. It further appears that the form submitted by the petitioner came to be scrutinized by the competent authority and the competent authority thereafter issued a draft statement as provided under Section 8(3) of the Act. The record further indicates that the petitioner applied for exemption for agricultural purpose as provided under Section 20 of the Act vide application dated 24.5.1979. The competent authority granted exemption vide its order dated 15.10.1979.
2.4 It appears from the record that after granting of such exemption, Indian Petrochemical Corporation Ltd. (IPCL) requested the petitioner to give land bearing survey No.496 admeasuring 6677 sq. mtrs. for the purpose of construction of residential colony for the employees of IPCL. In view of such a request having been made, the petitioner filed an application with the competent authority for withdrawal of the exemption granted under Section 20 of the Act vide order dated 15.10.1979. The said application was accepted by the Government vide order dated 16.11.1984 and the exemption granted by the State Government under Section 20 of the Act stood withdrawn qua survey No.496 admeasuring 6677 sq. mtrs. It appears that thereafter the competent authority further processed the form and issued a final statement as provided under Sections 8(4) and 9 of the Act dated 19.9.1985. As per the said order, the competent authority declared that the land bearing survey No.496 admeasuring 6677 sq. mtrs. is a surplus land.
2.5 It appears that after the final statement, a notification as provided under Section 10(1) was issued on 30.10.1985 and the same was published in the official gazette on 14.11.1985. Thereafter, it reveals from the record that a notification as provided under Section 10(3) of the Act came to be published on 27.1.1986 and the same was published in the official gazette on 20.3.1986. It further appears from
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