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2014 Supreme(Guj) 845

RAJESH H.SHUKLA
PURSHOTTAMDAS SOMABHAI PATEL SINCE DECD. THRO HEIRS – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates:
Advocate Appeared:
MR JITENDRA M PATEL, ADVOCATE for the Petitioners.
MR BHARAT VYAS, ASST. GOVERNMENT PLEADER for the Respondent.

JUDGMENT

RAJESH H. SHUKLA, J.

1. The present petition is filed by the petitioners under Art. 19(1)(g) and 226 of the Constitution of India for the prayers, inter alia, that appropriate writ, order or direction may be issued to quash and set aside the order dated 19.5.1987 at Annexure-C by which the exemption under sec. 20 of the Urban Land (Ceiling and Regulation) Act, 1976 has been cancelled and the order dated 28.1.1987 passed by the Competent Authority, respondent No. 3, at Annexure-D and also the order passed by the Urban Land Tribunal in Appeal No. 42/87 dated 11.5.1989 at Annexure-E, on the grounds stated in the petition.

2. Heard learned counsel Shri JM Patel for the petitioners. Learned counsel Shri Patel submitted that the original owner had filled in Form 6 under the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as ‘the Act’) and had applied for exemption under sec. 20 of the Act. He submitted that the exemption was granted vide order dated 31.8.1979 in respect of the entire land. He submitted that the petitioners have purchased the land in question bearing Survey Nos. 26, 27 & 28 situated at Village Narol, Taluka-District Ahmedabad by registered





























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