Back
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
Harsha Devani and G.B. Shah, JJ.
Gordhanbhai Motibhai Patel and Ors. - Appellants
Vs.
Competent Authority & Dy. Collector and Ors. - Respondent
Special Civil Application No. 9040 of 1994
Decided On : 29-07-2016
URBAN LAND CEILING ACT - REPEAL ACT - APPLICABILITY - EXCESS VACANT LAND - POSSESSION NOT TAKEN OVER - ABATEMENT OF PROCEEDINGS - RESTORATION OF LAND TO PETITIONERS: The Urban Land Ceiling Repeal Act, 1999 applies to the excess vacant land declared by the Urban Land Tribunal, where possession of such land has not been taken over by the State Government prior to the coming into force of the Repeal Act. In such cases, the proceedings under the Urban Land Ceiling Act abate and the land is to be restored to the petitioners.
Fact of the Case:
The petitioners filed declarations under section 6 of the Urban Land (Ceiling and Regulation) Act, 1976 (ULC Act) before the Competent Authority. The Competent Authority declared 79741 sq. mts. of land as excess vacant and further steps were taken, including issuance of notifications under section 10 of the ULC Act. The petitioners went in appeal before the Urban Land Tribunal (Tribunal) against the order of the Competent Authority. The Tribunal partly allowed the appeal and reduced the land declared excess vacant to 43570 sq. mts. Pursuant to the order of the Tribunal, final statement under section 9 of the ULC Act and notification under Sub-section (1) of section 10 thereof were issued, however, no further steps were taken thereafter. During the pendency of the petition, the Urban Land Ceiling and Regulation (Repeal) Act, 1999 came into force and the ULC Act was repealed.
Finding of the Court:
The order passed by the Tribunal setting aside the order of the Competent Authority and holding that the order of the Competent Authority is a nullity and consequently all proceedings pursuant thereof are nullity, none of the proceedings taken pursuant to the order passed by the Competent Authority would survive. The possession taken over pursuant to the order dated 12.01.1984 passed by the competent authority is no longer legally tenable. After the order dated 12.05.1992 passed by the Tribunal, the proceedings have proceeded only till the stage of issuance of notification under sub-section (1) of section 10 of the ULC Act and no further proceedings for vesting the land declared excess vacant in the Government and taking over possession thereof have been undertaken. Therefore, upon the coming into force of the Repeal Act, the proceedings under the ULC Act would stand abated and it would not be permissible for the respondents to proceed further after the stage of issuance of notification under sub-section (1) of section 10 of the ULC Act.
Issues: None
Ratio Decidendi: The Urban Land Ceiling Repeal Act, 1999 applies to the excess vacant land declared by the Urban Land Tribunal, where possession of such land has not been taken over by the State Government prior to the coming into force of the Repeal Act. In such cases, the proceedings under the Urban Land Ceiling Act abate and the land is to be restored to the petitioners.
Final Decision: The petition is allowed. It is held that the Urban Land Ceiling Repeal Act, 1999 applies to the excess vacant land admeasuring 43570 sq. mts. declared by the judgment Annexure B delivered by the Urban Land Tribunal. It is further held that the respondents have no right, title or interest over the entire land of survey No. 90, 91 and 92 of Sayajigunj, District Vadodara held by the petitioners in respect of which declaration under section 6 of the ULC Act had been filed, including the land admeasuring 43,570 sq.mts., being excess vacant land declared by the Urban Land Tribunal. Rule is made absolute accordingly, with no order as to costs.
Harsha Devani, J.
1. By this petition under Articles 226 and 227 of the Constitution of India, the petitioners seek the following substantive reliefs:--
"13. The petitioners, therefore, pray:
"A) Your Lordships will be pleased to issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents to implement and enforce the judgment Ann.B delivered by the Urban Land Tribunal and final statement Ann.BB issued by the Competent Authority on or about 19/20-3-93 and be pleased to issue appropriate writ, order or direction, directing the respondents to quash, set aside and/or modify the order Ann.CC dated 14.8.88 passed by the Government of Gujarat so as to make in consistent with the final statement Ann.BB and be pleased to issue a writ of mandamus against the respondents to restore the original position of possession of the lands in question by restoring the possession to the petitioners as per the final statement Ann.BB issued by the Competent Authority;
13AA. That Your Lordships by pleased to hold that the ULC Repeal Act, 1999 applies to the excess vacant land admeasuring 43,570 sq. mtrs. declared by the judgment Annexure -B delivered by Urban Land Tribunal and be pleased to restore this land to the petitioners and further be pleased to hold that the petitioners are the owners and occupiers of the entire land bearing survey Nos. 90, 91 & 92 of Sayajigunj, Dist. Vadodara and the respondents have no right, title or interest over the disputed land including the land admeasuring 43,570 sq.mts. being excess vacant land declared by the Urban Land Tribunal."
2. The facts stated briefly are that the petitioners herein, four in number, filed individual forms under section 6 of the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as the "ULC Act") before the Competent Authority & Deputy Collector, ULC, Vadodara. The competent authority processed the declaration forms and by a consolidated order dated 12.01.1984 passed under sub-section (4) of section 8 of the ULC Act, declared 79741 sq. mts. of land to be excess vacant.
3. Pursuant to the aforesaid order passed by the competent authority, further steps came to be taken including issuance of notification under sub-section (1) and sub-section (3) of section 10 of the ULC Act. Thereafter, notice under sub-section (5) of section 10 of the ULC Act came to be issued and according to the respondents, possession of the land declared excess vacant by the competent authority came to be taken over on 05.03.1986. Subsequently, by an order dated 14.08.1988 passed under section 23 of the ULC Act, 79741 sq. mts. of land came to be allotted to the Vadodara Urban Development Authority (hereinafter referred to as "the VUDA") and mutation proceedings came to the undertaken and the controversy reached the High Court in Special Civil Application No. 9041 of 1994.
4. In the meanwhile, against the order dated 12.01.1984 passed by the competent authority, the petitioners, in the year 1989, went in appeal before the Urban Land Tribunal (hereinafter referred to as "the Tribunal"). By an order dated May 1992, the appeal came to be partly allowed whereby the land declared excess vacant by the competent authority, came to be reduced from 79741 sq. mts. to 43570 sq. mts. Pursuant to the order of the Tribunal, final statement under section 9 of the ULC Act came to be issued and notification under Sub-section (1) of section 10 thereof also came to be issued, however, no steps were taken thereafter and hence, the petitioners approached this court by way of the present writ petition seeking the reliefs prayed for vide paragraph 13A of the petition. During the pendency of the petition, the Urban Land Ceiling and Regulation (Repeal) Act, 1999 came into force whereby the ULC Act came to be repealed. Thereafter, the petitioners moved an amendment and sought fur
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
